Government Contractors Can Litigate Unfavorable Past Performance Evaluations

The government's evaluation of a contractor's performance on a contract is a critical component for contractors trying to win new contracts. Typically, the agency puts its evaluation in a report, commonly referred to as a CPARS (the Contractor Performance Assessment Reporting System), according to FAR Subpart 42.15. On occasion, a contractor believes the agency's evaluation is inaccurate, but is unsuccessful in getting the agency to change the evaluation. In these situations, it is important to know what kind of help, if any, a lawsuit could bring. A recent decision of the Armed Services Board of Contract Appeals (ASBCA) shows one alternative that contractors have to challenge a CPARS evaluation that they believe is unfair.