02-08
Procurement Information Circular
April 24, 2002
PROTESTS, CLAIMS, AND ALTERNATIVE DISPUTE RESOLUTION (ADR) AS FACTORS IN PAST PERFORMANCE AND SOURCE SELECTION DECISIONS
PURPOSE: To advise Agency procurement personnel of the
memorandum issued by the Administrator of the Office of Federal Procurement
Policy (OFPP) regarding the above.
BACKGROUND: The Administrator of OFPP issued a memorandum for
Agency Senior Procurement Executives on April 2, 2002, regarding protests,
claims, and alternative dispute resolution (ADR) as factors in past performance
and source selection decisions. A copy
of the memorandum is enclosed.
GUIDANCE: Contracting Officers and Source Selection Officials
shall not:
Ř Downgrade past
performance evaluations of contractors who exercised rights to file protests or
claims or declined the use of ADR.
Ř Provide more positive
past performance evaluations to contractors who refrain from exercising rights
to file protests or claims or utilize ADR.
EFFECTIVE
DATE: This PIC is
effective as dated and shall remain in effect until canceled or superseded.
HEADQUARTERS
CONTACT: Yolande Harden,
Code HK, (202) 358-1279, yharden@hq.nasa.gov.
R. Scott Thompson,
Director, Contract Management Division
Enclosure
April 2, 2002
MEMORANDUM
FOR AGENCY SENIOR PROCUREMENT EXECUTIVES
FROM: Angela
B. Styles (signed)
Administrator
SUBJECT: Protests,
Claims, and Alternative Dispute Resolution (ADR)
as
Factors in Past Performance and Source Selection Decisions
While many agencies and contractors have
successfully resolved contentious contract issues by effectively using a wide range
of dispute resolution techniques, concerns have arisen regarding the
consideration federal agencies give contractor protests, claims, and ADR
practices in past performance evaluations and source selection decisions. For the reasons stated below, the filing of
protests, the filing of claims, or the use of ADR, must not be considered by an
agency in either past performance evaluations or source selection decisions.
Federal agencies should continue to
work with contractors to avoid or minimize unnecessary protests and claims, and
encourage the use of ADR, where appropriate.
At the same time, contractors should feel free to avail themselves of
the rights provided to them by law.
Accordingly, please emphasize to your agency’s acquisition personnel,
especially source selection officials, that:
1.
Contractors may not be given “downgraded” past performance evaluations
for availing themselves of their rights by filing protests and claims or for
deciding not to use ADR; and
2.
Contractors may not be given more “positive” past performance
evaluations for refraining from filing protests and claims or for agreeing to
use ADR.
I appreciate your assistance in ensuring that
this memorandum is distributed to the appropriate personnel in your agency.
cc:
Agency General Counsels