To:	Alan W. H. Gourley, Chair, Judicial Remedies Committee Richard P. Rector, Chair, Federal Claims and Remedies Committee
From:	Richard J. Vacura, Chair, Past Performance Subcommittee
Date:	September 25, 1997
Subject:	Interim Report Regarding Results of the Past Performance Survey

This interim report summarizes the preliminary results of the Past Performance Survey initiated by the Past Performance Subcommittee of the Federal Claims and Judicial Remedies Committees. The Subcommittee is made up of attorneys from both the private sector and Government agencies, including representation from the Office of Federal Procurement Policy.

BACKGROUND

The Subcommittee's charter is to examine the current process for evaluating past performance and to recommend changes and improvements, if any, to that process. The focus of the Subcommittee is on evaluations performed during and after contract performance pursuant to FAR Part 42.

To ensure a full and common understanding of the practical issues facing both contractors and the Government with regard to past performance evaluation, the Subcommittee decided, as a first step, to publish a survey that would solicit feedback from both attorneys and non-attorneys on the existing process. Care was taken in drafting the survey to ensure an impartial, balanced survey that would provide meaningful information concerning experience and opinions from Government and industry regarding the current practice of past performance evaluations, as well as industry's ability to challenge such evaluations. Also, certain questions were labeled as "Questions for Contractors/Private Bar" and "Questions for Government Agencies/Government Bar" to facilitate specific responses regarding industry or Government unique concerns.

DISTRIBUTION OF THE PAST PERFORMANCE SURVEY

On May 28, 1997, the final version of the Survey was posted on the Internet homepage of the Public Contract Law Section (at http://www.abanet.org/contract/pastperf.html). In addition, the Survey was published in the June 1997 edition of Public Contract Law Section's newsletter, The Procurement Lawyer.
The Subcommittee also distributed the Survey through a variety of other avenues to ensure a substantial and meaningful response. These avenues included the trade press (e.g., The Government Contractor, Federal Contracts Report, and Federal Computer Week), various industry associations (e.g., ADPA/NSIA, NCMA, CODSIA, CSA), and electronic links from over forty (40) industry and Government Internet homepages, including the Office of Federal Procurement Policy's Acquisition Reform Net homepage.

See Survey Results