... quickly address and correct an erroneous performance evaluation.”
The Court stated “In sum, a contractor’s claim requesting a change to a performance evaluation is not a meaningless act. To the contrary, such a claim is a proper mechanism, and provides the proper jurisdictional predicate, to challenge an adverse performance evaluation in the Court of Federal Claims.” Because the Court stated that BLR filed a non-monetary claim in accordance with the CDA, and the CO failed to make a decision so the claim was “deemed denied,” hence, BLR was allowed to pursue its claim appeal.
The moral of the story is that the Government and the contractor must deal with each other in good faith and fair dealing. In the world of government contracts, if the Government fails to perform its obligations then you should pursue a claim; conversely, if you fail to perform according to your obligations the Government can file a claim against you. Protect Yourself!! Always deal with the other party fairly and in good faith, and if the other party fails to reciprocate, then pursue a claim vigorously.
Tom Petruska, Owner
Contracts Unlimited, Incorporated
The foregoing is not a legal opinion nor provides legal advice. You should consult your attorney for legal services.
Footnotes:
1. FAR 42.1502(a)
2. $100,000
3. Article 205 Restatement 2nd, Contracts and Sections 1-203 Uniform Commercial Code (“UCC”)
4. Article 205 Restatement, Second Contracts
5. id
6. FAR 42 1502(a) requires agencies to prepare such a report.
7. FAR 52.233-1
8. FAR 42.1502(a)
9. Air Force Federal Acquisition Regulations Supplement (“AFFARS”) 5342.1503
10. CPARS Policy Guide
11. 41 U.S.C. 405(c)(1)
12. 41U.S.C. 601-613
