Sign In
  • Question

    Is there any policy that describes possibilities for Completed CPARs to be re-opened?


    Answer

    1. The FAR references quoted below in pertinent part is applicable to this response.
     
    FAR 42.1502 -- Policy
    (a) General. Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed.
     
    FAR 42.1503 -- Procedures
    (d) Agency evaluations of contractor performance, including both negative and positive evaluations, prepared under this subpart shall be provided to the contractor as soon as practicable after completion of the evaluation. The contractor will receive a CPARS-system generated notification when an evaluation is ready for comment. Contractors shall be given a minimum of 30 days to submit comments, rebutting statements, or additional information.
     
    2. The reference quoted below in pertinent part is also applicable to this response: 

    Guidance for the Contractor Performance Assessment Reporting System (CPARS), September 2013
    http://www.cpars.gov/cparsfiles/pdfs/CPARS-Guidance.pdf 

    3.5 CPARS Roles and Responsibilities
    3.5.1 CPARS Focal Point
    The CPARS Focal Point provides overall support for the CPARS process for a particular organization, to include registering contracts, set up and maintenance of user accounts, and general user assistance. Systems duties of the Focal Point include: CPARS account management and maintenance (e.g., access changes); Control and monitoring of CPARs, including the status of overdue evaluations.

    3.5.3 Assessing Official (AO)
    The AO is responsible for contracting or overall program execution and is responsible for preparing, reviewing, signing, and processing the CPAR. … The CPAR should be completed not later than 120 calendar days after the end of the contract or order evaluation period. AOs are encouraged to discuss contract/order performance with the contractor during the performance period and CPAR process.

    3.5.4 Designated Contractor Representative
    The designated contractor representative has the authority to: review/comment/return the evaluation to the AO within 30 calendar days. If the contractor desires a meeting to discuss the CPAR, it must be requested, in writing, no later than seven calendar days from the receipt of the CPAR. This meeting will be held during the contractor’s 30-calendar day review period.

    4.2 Final Report
    A final CPAR should be completed upon contract/order completion or delivery of the final major end item on contract/order. … The CPAR Focal Point should coordinate with the AO any extensions when special circumstances arise. 

    3. Our review of the pertinent CPARS Guidance in reference 2 above did not yield any specific policy regarding whether or not a closed CPAR can be reopened if the contractor missed the 30 day deadline for submitting their comments. However, we note that there is also no specific prohibition against doing so. Additionally, FAR 42.1503(d) states that contractors shall be given a minimum of 30 days to submit comments, which indicates that more time can be provided. While FAR 42.1502(a) states that past performance evaluations shall be prepared at the time the work is completed, section 3.5.3 of the CPARS Guidance states that the AO should complete the evaluation no later than 120 days after the end of the contract. Furthermore, this CPARS Guidance states that the AO is encouraged to discuss contract performance with the contractor during the CPAR process, which apparently might not have happened in this case given that the contractor did not submit a response.

    4. Based on the above, because there is no stated prohibition against reopening a closed CPARS for contractor comment, and as long as the time period after contract completion has not yet passed the “120-day” standard for the AO to complete the CPARS review, then we believe that is it entirely at the AO’s discretion to have the CPARS Focal Point reopen the CPARS (albeit for any additional shorter time; i.e., 5 days) to permit contractor to comment on the evaluation, especially if such action would be warranted under any special circumstances. However, if the CPARS in question is not the final CPARS report that would be processed at the end of contract performance, then we believe that reopening the closed CPARS would not be necessary at this time, as the contractor will be able to comment on any future reports.

    Open full Question Details