An analysis of Fluor Federal Solutions, LLC (ASBCA No. 61543) and its CPARS implications for federal contractors. The ASBCA distinguished Todd Construction and held that when one major factual basis for an “Unsatisfactory” rating fails, the agency must still prove the remaining record satisfies the contract’s stricter multifactor CPARS standard, leading to remand for reconsideration

Congress continues to consider “negative-only” CPARS for DoD, while the FAR Overhaul broadens past-performance use beyond source selections starting April 1, 2026. Here’s what this tension means for award fees, options, and proposal strategy—and why contractors must build a portfolio of verified performance evidence now.