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(CDR-4293) Biting the Hand that Feeds You - The Impact of Litigation Against the Owner

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Level: Advanced
TCM Section(s)
6.4. Forensic Performance Assessment
10.1. Project Performance Assessment
Venue: 2024 AACE International Conference & Expo

Abstract: For federal projects, the ability to obtain contracts, at least in part, depends on a contractor’s past performance ratings that are collected in a database managed through the Contractor Performance and Rating System (CPARS). The CPARS rates contractor performance in several areas with ratings of exceptional, very good, satisfactory, marginal or unsatisfactory. The question is, does litigation against the owner have a negative impact on a contractor’s performance rating and thereby jeopardize the potential for obtaining future work? Stated another way, is litigation biting the hand that feeds you? This paper investigates data available from several sources to include the Armed Services Board of Contract Appeals and the CPARS database to help determine if there exists a relationship between litigation and negative performance evaluations in order to provide a more quantitative assessment when considering the risks associated with litigation.