• News
  • December 12, 2024

We Got a CPARS and Now We are Singing the Blues

by Barbara Kinosky, Managing Partner

  • News Insights
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I am seeing a lot of CPARS coming out now that should have been done years ago by the government.  One of the problems we are seeing is that the contracting officer and COR for that contract are long gone and someone else is now doing that evaluation.  That someone has no idea whether your performance on that contract was excellent or just average.  The safe bet for them is to rate you as just “satisfactory”.  What can a contractor do?

Let’s start with defining our terms. The Contractor Performance Assessment Reporting System (CPARS) is a government-wide, web-based system used by the Federal Government to document and evaluate a contractor’s performance on contracts. It serves as an official record of a contractor’s past performance and plays a vital role in a contractor’s ability to obtain future contracts.

What legal remedies does a federal contractor have for a bad CPARS? Federal contractors have several potential legal remedies and options to challenge a negative or unfair CPARS evaluation. These remedies include:

Request Clarification

Send a detailed email or letter to the Contracting Officer (CO) or the Assessing Official (AO) to clarify any aspects of the evaluation you find unclear or erroneous. Explain why such findings are erroneous.

CPARS Comment and Review Process

If that doesn’t work, then utilize the CPARS portal to submit comments, rebuttals, and supporting evidence contesting the evaluation. FAR 42.15 mandates that the agency review these comments at a level above the contracting officer and revise the evaluation if necessary. This step aims to resolve disputes before escalating the issue further​​.

Contract Disputes Act (CDA) Claims

If the review process does not significantly change the contested CPARS, contractors can file a claim under the CDA. The contracting officer must respond to the claim, and if it is denied or ignored (deemed denial), the contractor may appeal to the Armed Services Board of Contract Appeals (ASBCA), Civilian Board of Contract Appeals (CBCA), or the U.S. Court of Federal Claims.

We have significant experience in resolving CPARS disputes.  Want to learn more?

Attend our webinar on CPARS on December 17, 2024, from 3:00 to 4:00 ET.  The cost is $45 with all proceeds donated to the Wounded Warrior project.