CORRECTION OF CPARS RATINGS

The Armed Services Board of Contract Appeals (ASBCA) and Civilian Board of Contract Appeals (CBCA) have jurisdiction to decide whether the contracting officer acted reasonably in determining that performance was unsatisfactory or if such a CPARS rating was arbitrary and an abuse of discretion.  The Boards may decide whether the government acted arbitrarily and capriciously in making an inaccurate and unfair performance evaluation.  Cameron Bell Corporation d/b/a Gov Solutions Group (GovSG), ASBCA No. 61856, May 1, 2019.

The Boards also have jurisdiction to decide whether the government breached is implied by law duty of good faith and fair dealing when it assigned the CPARS rating.

The Boards do not have jurisdiction to grant specific performance (direct the contracting officer to change the CPARS rating) or grant injunctive relief.  The Boards cannot direct that the CPARS rating be changed.  However, the Boards may remand the matter to the contracting officer and require the contracting officer to follow applicable regulations and provide the contractor a fair and accurate performance evaluation.

So, it is possible to challenge a CPARS rating at the ASBCA.  The complaint must allege the contracting officer did not act reasonably and made an arbitrary determination which was an abuse of discretion.  The complaint also could allege breach of the obligation of good faith and fair dealing.  But the relief sought must be limited to requesting the Board to remand the matter to the contracting officer for a redo of the CPARS rating consistent with applicable regulations, fairness and accuracy.

bill@spriggslawgroup.com