Jump to content
The Wifcon Forums and Blogs
Sign in to follow this  
wmcastleberry

CPAR Dispute Deadline

Recommended Posts

Hello.  I was wondering if any of you could inform me as to what the deadline is for filing a CPARs dispute/claim with a CO.  I believe it is just like an ordinary claim in which the contractor is given six years, but unsure.  Where it stands now is that the contractor provided comments to the CPARs, an official one level above the CO reviewed and agreed with the original CPARs.  This was on October 16, 2017.  Is the contractor now allowed six years to file a claim?  Thank you in advance for any help.

Share this post


Link to post
Share on other sites

The Contract Disputes Act (CDA) has been reasoned to apply to disputes with regard to CPARs evaluations and so the 6 years may apply.  Beyond that I would suggest a contractor seek expert advice with regard to effort of disputing both under the administrative allowance of FAR part 42 and use of the CDA, if CDA is intended to be pursued, as details count and what relief is allowed can be confusing.

Share this post


Link to post
Share on other sites
2 hours ago, wmcastleberry said:

Hello.  I was wondering if any of you could inform me as to what the deadline is for filing a CPARs dispute/claim with a CO.  I believe it is just like an ordinary claim in which the contractor is given six years, but unsure.  Where it stands now is that the contractor provided comments to the CPARs, an official one level above the CO reviewed and agreed with the original CPARs.  This was on October 16, 2017.  Is the contractor now allowed six years to file a claim?  Thank you in advance for any help.

If you file a claim, what kind of relief would you want from a board or the Court of Federal Claims?

Share this post


Link to post
Share on other sites

Thank you for the replies so far.  From what I understand, even though it appears there is a six year statute of limitations, like a regular CDA claim, relief can still be very limited.  Declaratory relief may be available to where the board  / COFC can remand to instruct the CO to change the ratings, but the CO is still not actually bound to do so.  Thanks.

Share this post


Link to post
Share on other sites

I think you might be able to get injunctive relief from the COFC under the Tucker Act, 28 USC § 1491(a)(2), as long as you satisfy the claim requirements of the Contract Disputes Act. See Record Steel & Construction, Inc. v. U.S., 62 Fed. Cl. 508 (2004); Sacilatto, Challenging Contractor Performance Evaluations: FAR Processes and Claims Before The Court of Federal Claims and The Boards of Contract Appeals  11-10 Briefing Papers 1 (September 2011); and Muldoon and Geibel, Challenging Negative Performance Evaluations: Confronting Hurdles at the ASBCA and COFC, 51-Fall Procurement Lawyer 17.

You should talk to an attorney.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

×