Legal Trends and Caveats on Failure to Document Contractor Performance Information

Additional Help for ADS 302

Revision Date: 05/05/2006
Responsible Office: OAA/P
File Name: 302sah_050506_cd44

Overview

GAO has ruled that an agency’s failure to document contractor performance and to provide it for use in source selection is sufficient basis to sustain a protest against the agency’s contract award for the same services. It is reasonable to assume that this decision is applicable to procurements of similar services, rather than strictly the same service, and to procurements of commodities when similar commodities have been previously procured, to the same end.