A rule issued on September 6, 2012, entitled “Documenting Contractor Performance,” proposes to amend FAR 42.1503, Procedures, to provide standardized past performance evaluation factors and performance rating categories.
The rule also addresses appeals of government evaluations of contractor performance.
Under current FAR 42.1503(b), agencies must provide for review of agency evaluations at a level above the contracting officer to consider disagreements between the parties regarding the evaluation. The proposed rule would move this requirement to FAR 42.1503(d).
According to the rule, the FAR Council is soliciting public comments on a proposal to remove this appeal language to improve economy and efficiency. Apparently, the government believes modifications to the appeal process might positively or negatively impact the effectiveness of past performance policies and associated principles of impartiality and accountability.
We’d like to know your thoughts on the proposal to remove the appeal language. Have you ever appealed a performance review? What was the result? Do you think the process was fair and impartial?
