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Court Tosses CPARS Complaint on Procedural Grounds

Posted on January 12th, 2016 by

The Court of Federal Claims dismissed a contractor’s Complaint, challenging the Air Force’s negative CPARS evaluation. The contractor filed a Complaint seeking an injunction against a negative CPARS evaluation. While the Complaint was styled as a bid protest, the contractor was not challenging a particular award decision. Instead, the contractor argued that the negative CPARS evaluation would have an adverse negative impact on future procurements. The Court rejected this argument and held that it does not have jurisdiction over a challenge to a CPARS evaluation before the agency uses it. Instead, the contractor should have contested the negative CPARS evaluation by filing a request for a Contracting Officer’s final decision under the Contract Disputes Act.  ITILITY, LLC v. United States, Court of Federal Claims, No. 15-237C

Faced with a poor CPARS evaluation? If the Government refuses to change its evaluation despite your comments to the CPARS evaluation, file a request for a Contracting Officer’s final decision.


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