AGC Effectively Impacts New Past Performance Evaluation Final Rule

FAR Council Does Not Remove Contractor PPE Appeal Process On Aug. 1, the Federal Acquisition Regulation (FAR) Council issued a final rule that all federal agencies adopt uniform past performance ratings and factors based on the ratings and factors used in the Contractor Performance Assessment Reporting System (CPARS).  However, the FAR Council did not remove the right for contractors to seek review of past performance evaluations at a level above the contracting officers, as it had initially proposed. In its comments to the proposed rule, AGC repeatedly highlighted the need to retain this administrative appeal right, among other things. This final rule represents a positive step towards standardizing the past performance evaluation process throughout the federal government.  However, as AGC’s comments reflect, it is necessary for the final rule to incorporate mechanisms to ensure consistent evaluations. For more information, please contact Jimmy Christianson at (703)-837-5325 or christiansonj@agc.org.