Contractor’s past performance has become the single most important nonprice evaluation factor in award decisions.  We have described the regulations covering past performance from time to time in other articles but subsequent guidelines by various agencies as well as numerous decisions are filling in the blanks of this evolving area.  In this first of two  articles we will present some of the current policies and practices in the light of recent changes and decisions and in the second we address ways to challenge evaluations and identify some practical strategies to maximize your ratings.  We have relied on numerous articles and our own experience and are particularly grateful to an article in the September 1999 issue of Briefing Papers by Joseph West and Robert Wagman of the law firm of Arnold & Porter.

OPFF Policy.  The Office of Federal Procurement Policy encourages agencies to make sure contractors’ past performance (PP) is “meaningly considered” in the award of all contracts except sealed bids.  This translates into at least 25% of noncost or price evaluation factors and in most negotiated procurements, past performance and price are the only evaluation factors.  OFPP believes reliance on past performance will (1) encourage contractors to perform better if they know today’s performance will affect their ability to obtain contracts later (2) eliminate poorly performing contractors and (3) put less reliance on analyzing elaborate technical proposals.  Numerous reports by government indicate widespread satisfaction with using past performance while industry is less enthusiastic where surveys show over 50% dissatisfaction levels.

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