A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate past performance. As such, it is critical that companies working with the federal government understand not only what steps they should take to cultivate and utilize positive past performance, but also the steps they should take to defend their past performance from attacks.

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A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate past performance. As such, it is critical that companies working with the federal government understand not only what steps they should take to cultivate and utilize positive past performance, but also the steps they should take to defend their past performance from attacks.

In this session, Sam Finnerty covers what you need to know to survive and thrive using past performance in the federal marketplace.

Takeaways include:

• 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; and

• when and how to challenge inaccurate and unfair past performance assessments.

Disclaimer: This communication does not provide legal advice, nor does it create an attorney-client relationship with you or any other viewer. If you require legal guidance in any specific situation, you should engage a qualified lawyer for that purpose. Prior results do not guarantee a similar outcome.

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