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Past Performance Evaluations

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#1 josmim2002


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Posted 02 September 2011 - 11:34 AM

I am hoping someone can provide me with some information regarding a situation that has recently ocurred.

I recently received a debriefing letter for a proposal that we lost. After later review of the letter, I realized that it stated one of our customers gave us an unfavorable rating, which caused our past performance risk to be high. I could not understand how that could be, because we had never been counseled or otherwise told that there were issues under that specific contract. To make a long story short, I come to find out that the Contracting Officer of Record diverted our past performance evaluation and sent it to another contracting person in the same organization and asked her to fill it out. That person sent it to the COTR and the COTR evaluated a completely different contract. One that we had several problems due to scope creep, etc.

We are outside the protest window, but I was wondering what the FAR says about this issue.

Can someone help?


#2 Vern Edwards

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Posted 02 September 2011 - 11:39 AM

Help to do what? FAR does not say what to do about a mistake of this kind. Even if you were still within the protest window, I doubt that a protest would do any good. Next time, before you list someone as a reference, call them to discuss how they will process an inquiry and what they will say.

#3 C Culham

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Posted 02 September 2011 - 02:14 PM

josmim2002 - You may want to take a look at FAR subpart 42.15 too. Unsure from your post as to whether you are familiar with it, and if not it might give your futher insight into what your relationship to an agency would be for any past performance information that the agency develops, holds on records and uses in the future.

#4 crisi13


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Posted 12 September 2011 - 01:30 PM

FAR 15.305 (2) (ii) says "The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror's past performance". IAW with this, they did nothing wrong. In all of my solicitations that include Past Performance as an evaluation factor, I state "The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the offeror."

#5 Jacques


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Posted 13 September 2011 - 07:09 AM

I took the OP's question to relate to when an offerror has to be given an opportunity to clarify adverse past performance information.

...I could not understand how that could be, because we had never been counseled or otherwise told that there were issues under that specific contract....

When discussing clarifications, FAR 15.306(a)(2) notes, ?If award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an offeror?s past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors.? (emphasis added).

When discussing communications, FAR 15.306(b)(1)(i) notes, if the government intends to enter discussions, and if an offeror would be excluded from the competitive range based on its past performance, then the agency must allow an offeror to ?address adverse past performance information to which an offeror has not had a prior opportunity to respond.?

Finally, when discussing discussions, FAR 15.306(d)(3) notes, that, for offerors in the competitive range, the agency must indicate to each offeror ?adverse past performance information to which the offeror has not yet had an opportunity to respond.?

The OP does not indicate whether under Subpart 42.15, the company has already had an opportunity to comment on the adverse information contained in the response to the questionnaire, or whether award was made without discussions, etc.

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