On Demand

Government Contractor Performance Evaluations and the Government's Duty of Good Faith and Fair Dealing


Created on July 13, 2020





As an attorney who works in the government contracts world will attest, a good past performance record is critically important. It not only impacts a contractor's overall reputation as a government contractor, but it can also have a direct effect on the contractor's chances of being awarded future contracts. As a result, contractors put a lot of emphasis on the Contractor Performance Assessment Reporting System (CPARS), and the CPARS ratings they get in connection with contracts they performed. However, many contractors still are not sure of the rights and remedies they have when they are given a negative review.  

In this program, experienced government contracting attorneys Maria Panichelli and Michael Richard will walk you through how your client can respond to a negative CPARS. Attendees will learn how contractors can make comments in the CPARS system, what should happen as a result, and how a contractor can challenge CPARS at a higher level, using CDA claims. The presentation will also discuss what relief can be sought when a contractor receives an unjustified negative CPARS. The presenters will then discuss the government's duty of good faith and fair dealing, and how this duty is enforced by the courts and boards of contract appeals. Special attention will be given to how the government's duty of good faith and fair dealing affects the government's obligation to provide a fair and accurate performance evaluation in the CPARS system.

Learning Objectives:

  1. Review the procedures surrounding CPARS evaluations
  2. Identify possible responses to a negative CPARS evaluation
  3. Analyze the relationship between CPARS evaluations and the government's duty of good faith and fair dealing 

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