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It's official. Agencies cannot factor into a contractor's past performance evaluation: (1) protests, (2) claims, or (3) willingness to use alternative dispute resolution ("ADR"). This is the direction given by the Office of Federal Procurement Policy in an April, 2002 memo to senior procurement executives.
OFPP Director Angela Styles says that contractors can't be "downgraded" in past performance evaluations "for availing themselves of their rights by filing protests and claims or for deciding not to use ADR." Conversely, contractors can't be given more positive evaluations for "refraining from filing protests and claims or for agreeing to use ADR." Such factors also cannot be considered in source selection decisions.
We have extensive experience in legal proceedings involving the process of advertising, negotiating, and awarding public contracts. We have represented those contesting the award, and those supporting it. We have counseled clients on the bidding and negotiation process, and the legal implications of solicitations, including invitations for bid, requests for proposals, and other tender documents.
The attorneys of Petrillo & Powell, P.L.L.C. have represented clients in these matters before the U.S. Court of Federal Claims, the U.S. district courts, the General Accounting Office, the General Services Board of Contract Appeals, the administrative bid protest bodies of various agencies including the U.S. Postal Service, the District of Columbia Contract Appeals Board, and Maryland state courts.
Click here for additional information on the bid protest jurisdiction of the U.S. Court of Federal Claims.
Click here for additional information on Our Experience With Bid Protest Litigation at the Court of Federal Claims.
Click here for additional information on Our Experience With Bid Protest Litigation at the General Accounting Office.