News & Analysis as of

Past Performance Bid Protests

Morrison & Foerster LLP - Government...

Bid Protest Roundup: Past Performance, Preliminary Injunctions, and Novel Regulatory Requirements

This month’s Bid Protest Roundup highlights two Court of Federal Claim decisions, addressing past performance and injunctive relief, and one by the U.S. Government Accountability Office (“GAO”), clarifying the applicability...more

Morrison & Foerster LLP - Government...

September 2023 Bid Protest Roundup: Limits To Agency Discretion In Challenge To NAICS Code Assignments, Confines Of The...

This month’s Bid Protest Roundup focuses on a recent U.S. Court of Federal Claims decision involving the limitations of the government’s deference defense and a U.S. Government Accountability Office (GAO) that involved the...more

PilieroMazza PLLC

Lapse in SAM Registration Disqualifies Government Contractor from Contract Award

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The Court of Federal Claims (COFC) recently interpreted FAR Clause 52.204-7, which requires offerors to register in the System for Award Management (SAM), to indicate that even a slight lapse in a contractor’s SAM...more

Womble Bond Dickinson

Government Accountability Office Determines Navy Improperly Evaluated Technical Proposal: Lewis Roca

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Bid protest determinations serve to resolve challenges to procurement decisions by government agencies. Beyond that purpose, these rulings can also offer valuable insights as to what factors determine whether or not a...more

Morrison & Foerster LLP - Government...

August 2022 Bid Protest Roundup: Affiliate Experience, JV Registration

In this month’s bid protest roundup, we consider: (1) an exception to the normal rule governing reliance on affiliate experience and past performance; and (2) two different bid protests of very similar solicitation terms that...more

Morrison & Foerster LLP - Government...

DECEMBER 2021 BID PROTEST ROUNDUP

This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in...more

PilieroMazza PLLC

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

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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...more

PilieroMazza PLLC

[Webinar] Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks - June 8th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

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...more

PilieroMazza PLLC

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

Stinson - Government Contracting Matters

Past Performance, Present (and Future) Problems

Government contractors should consider all contract performance vitally important because they can’t always control which past performance is considered by agency evaluators. ...more

PilieroMazza PLLC

[Webinar] CIO-SP4: A Virtual Town Hall Webinar - April 23rd, 2:00 pm - 3:00 pm ET

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CIO-SP4 may be one of the most significant opportunities for both small and large government contractors during 2020. Join Cy Alba of PilieroMazza and Reena Bhatia of ProposalHelper as they discuss the potential impacts of...more

Bradley Arant Boult Cummings LLP

Can You Challenge a CPAR Evaluation in a Bid Protest?

Technically, no. However, when the contractor is protesting the award of a contract for the same agency that issued the unfavorable Contractor Performance Evaluation Report (CPAR), the contractor may have some success arguing...more

Stinson - Government Contracting Matters

Don’t Rely on a Procuring Agency to Track Down Past Performance Questionnaires

Given how much emphasis federal procurement law properly places on fairness, it can be easy to assume that government buyers must do everything necessary to ensure a fair procurement....more

Davis Wright Tremaine LLP

Agency Erred By Failing to Tell Offeror During Discussions That “Neutral” Past Performance Was a Weakness

In December 2017, the Court of Federal Claims ruled in favor of protestor Precision Asset Management Corp. after finding the agency failed to inform Precision that the agency assessed Precision’ “Neutral” past performance...more

Williams Mullen

CPARS From A to Z

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Contractor past performance information originates in the agencies’ Contractor Performance Assessment Reporting System (CPARS). You need to understand what the CPARS is and what your rights are so you can monitor your past...more

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