Jenner & Block

Client Alert: Challenging Past Performance Evaluations Under the Contract Disputes Act

At some point, nearly every government contractor has received a negative past performance evaluation.  These evaluations, whether accurate or not, can adversely affect a contractor’s ability to win or retain contracts. In this advisory, Partner W. Jay DeVecchio and Associate, Damien C. Specht, review case law and explain why contractors must be alert to all adverse past performance evaluations, and be prepared promptly to address, explain, or rebut them. The case law in this area is still developing.  But these decisions provide some guidance for contractors seeking to litigate past performance evaluations before the evaluations badly affect a contract award.   And even if you do not litigate, it is increasingly important for contractors to understand the administrative challenge process.