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 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.
A contractor’s performance must be evaluated in all source selections for negotiated competitive purchases that will exceed the simplified acquisition threshold unless the contracting officer documents the reason performance is not an appropriate evaluation factor for the acquisition (FAR 15.304(c)(3)).
The government contracting source selection process provides for consideration of various aspects of contractor performance at multiple points: Past performance is required to be an evaluation factor in selecting government contractors, along with evaluation factors such as price, management capability, and technical approach to the work.
The best way to address the government’s 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 performance source selection ratings can include:
- Failure to consider performance history of named subcontractors;
- Failure to consider any responses to negative ratings.
- Agency gave unfavorable evaluation ratings when there was no relevant information in CPARS or PPIRS.
When addressing the agency’s performance evaluation scores, protestors also want to dispute specifically the accuracy of the information cited by the agency’s evaluation of your 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.