Challenging the government’s PPIRS past performance evaluation and source selection ratings in a bid protest can be a difficult hurdle if such your challenge really gets into the agency’s discretion. For example, GAO has often ruled that an agency is not precluded from considering any relevant past performance information including PPIRS, regardless of its source. Weidlinger Assocs., Inc., B‑299433, B-299433.2, May 7, 2007, 2007 CPD ¶ 91 at 8.
Solicitations often include the disclaimer that the agency may choose to look at other sources beyond those references that the bidder submits. Such sources can include PPIRS. GAO will defer to the judgment of the agency in its source selection decisions.
The best way to address the government’s past performance evaluation in a source selection decision protest and CPARs ratings is to challenge the evaluation when comparing it to the actual solicitation’s criteria. You have to show any misevaluation as it pertains to the stated criteria.
Otherwise, the protest will fail. If the agency does choose to look at other past performance sources, you have to show some level of material error when considering the information.
Common Issues With CPARS & PPIRS & Past Performance Evaluation & Source Selection
Some examples of erroneous past performance source selection ratings can include:
- Failure to consider past performance of named subcontractors;
- Failure to consider any responses to negative past performance ratings.
- Agency gave unfavorable past performance evaluation ratings when there was no relevant past performance in CPARS or PPIRS.
When addressing the agency past performance scores, protestors also want to dispute specifically the accuracy of the information cited by the agency’s evaluation of your past performance evaluation. Simply comparing your result to the awardee’s evaluation, in essence, is asking GAO to substitute the agency’s decision.
GAO cannot reach this outcome unless you specifically state why the agency’s decision was unreasonable, did not follow the solicitation’s requirements or violated procurement law. See more information about Past Performance Information Retrieval System, PPIRS.
For additional questions about filing a bid protest that challenges the government’s past performance evaluation and PPIRS all our bid protest lawyers at 1-866-601-5518. FREE INITIAL CONSULTATION.