Appealing Performance Reviews

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?

About William Van Huis

Bill Van Huis is a Senior Writer/Analyst for Wolters Kluwer Law & Business who tracks and analyzes new regulations impacting federal government contracting. He also follows court decisions involving bid protests and contract disputes. You can find his work in WK publications like Government Contract Reports and the FAR and DFARS Matrix Tools. Bill is a Certified Professional Contracts Manager, and he has a law degree from Southern Illinois University, where he graduated summa cum laude. Prior to joining WK, Bill worked both inside and outside state and local government in the areas of procurement and municipal finance. Bill also worked as a staff attorney for the Illinois Supreme Court.
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