Jump to content

Featured Replies

Posted
comment_90761

Friends, a little help on this hypothetical: CO posts RFQ, quotes received, then CO awards commercial PO with altered requirements and no solicitation amendment. Contractor declines PO almost immediately after award (no written acceptance, no performance) due to after-quotes requirement changes (which were ugly). CO cancels the PO, citing FAR 13.302-4(b), contractor accepts cancellation ... and then CO then issues a negative CPAR on the 'contract' (?!). FAR 42.15 and CPARS Guide silent.

Anyone ever seen a CPAR on a canceled PO like this? Good, bad, or ugly?

P.S. All the best to Bob's family. RIP Judge, we miss you.

comment_91125


Aside from the question concerning issuing a CPARS rating on a cancelled purchase order, the contractor must have an opportunity to respond to a negative draft CPARS rating. Someone a level above the the KO who prepared the evaluation must review disagreements between the parties over the evaluation. A contractors rebuttal also becomes part of the file.

42.1503 Procedures.

“d) Agency evaluations of contractor performance, including both negative and positive evaluations, prepared under this subpart shall be provided to the contractor as soon as practicable after completion of the evaluation. The contractor will receive a CPARS-system generated notification when an evaluation is ready for comment. Contractors shall be afforded up to 14 calendar days from the date of notification of availability of the past performance evaluation to submit comments, rebutting statements, or additional information. Agencies shall provide for review at a level above the contracting officer to consider disagreements between the parties regarding the evaluation. The ultimate conclusion on the performance evaluation is a decision of the contracting agency. Copies of the evaluation, contractor response, and review comments, if any, shall be retained as part of the evaluation. These evaluations may be used to support future award decisions, and should therefore be marked “Source Selection Information”. Evaluation of Federal Prison Industries (FPI) performance may be used to support a waiver request (see 8.604) when FPI is a mandatory source in accordance with subpart 8.6. The completed evaluation shall not be released to other than Government personnel and the contractor whose performance is being evaluated during the period the information may be used to provide source selection information. Disclosure of such information could cause harm both to the commercial interest of the Government and to the competitive position of the contractor being evaluated as well as impede the efficiency of Government operations. Evaluations used in determining award or incentive fee payments may also be used to satisfy the requirements of this subpart. A copy of the annual or final past performance evaluation shall be provided to the contractor as soon as it is finalized.”

I personally don’t think it is appropriate to prepare a performance evaluation for a purchase order cancelled pursuant to FAR 13.302-4(b) . After cancellation no further action is required per that reference. 

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...