Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks

PilieroMazza PLLC
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You have undoubtedly heard the stories, a contractor with a flawless record going back years gets one bad past performance record, maybe due to themselves or a subcontractor, and now they are blackballed. While many in the government believe this is all exaggeration, contractors know that this situation can occur and that even a “satisfactory” rating can be the difference between winning and losing the next big contract. For this reason, it is critical that contractors understand when, among other things, they can and cannot use See more +
You have undoubtedly heard the stories, a contractor with a flawless record going back years gets one bad past performance record, maybe due to themselves or a subcontractor, and now they are blackballed. While many in the government believe this is all exaggeration, contractors know that this situation can occur and that even a “satisfactory” rating can be the difference between winning and losing the next big contract. For this reason, it is critical that contractors understand when, among other things, they can and cannot use subcontractor or JV member past performance, when and how to protest unduly restrictive limitations on such use, and how to effectively challenge bad past performance ratings. In this session, we will walk through what you need to know to survive and thrive using past performance in the federal marketplace including:

- The general FAR rules for use of individual owner, subcontractor, and key employee past performance

- How individual procurements can limit the FAR allowances and when it goes too “far”

- When and how to challenge restrictions to past performance in an RFP

- When and how to challenge inaccurate and unfair past performance assessments See less -

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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