wmcastleberry Posted January 22, 2018 Report Share Posted January 22, 2018 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. Link to comment Share on other sites More sharing options...
C Culham Posted January 22, 2018 Report Share Posted January 22, 2018 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. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted January 22, 2018 Report Share Posted January 22, 2018 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? Link to comment Share on other sites More sharing options...
wmcastleberry Posted January 22, 2018 Author Report Share Posted January 22, 2018 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. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted January 23, 2018 Report Share Posted January 23, 2018 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. Link to comment Share on other sites More sharing options...
C Culham Posted January 23, 2018 Report Share Posted January 23, 2018 http://www.asbca.mil/Decisions/2016/60367 Government Services Corp. 3.20.16.pdf Recent activity at the ASBCA that might, again might, lead further clarification of what a contractor can seek as relief. Link to comment Share on other sites More sharing options...
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