LEGAL ISSUES IN PAST PERFORMANCE

“Our Office will examine an agency’s past performance evaluation only to ensure that it was reasonable and consistent with the stated evaluation criteria and applicable statutes and regulations…” GAO1

Although most of the legal challenges related to an agency’s use of past performance information involve the agency’s evaluation of past performance information in the source selection process, there are actions contractors can take during contract performance to enhance their competitive advantage in future procurements. The first part of this chapter addresses steps a contractor can take to avoid problems that might later damage its competitive position in the federal marketplace. The second part provides guidance ...

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