In a quandry

Currently reviewing an action for award and ran into this situation.

Background.

1. Verifying that CPARS is current on previous contract. ( push is now for this agency, that we may not award if CPARS on previous actions are not up to date)

2. Found that there was not CPARS on this current requirement. ( our PARC requires on this particular MATOC that DO/TO's have CPARS for each.)

3. Had the specialist contact the COR to see if they were in process of doing a CPARs report, was informed that the KO (on the MATOC) was the assessing offical, but also let us know that on the current contract there were some performance issues, cure notices, etc.

4. RFP did not have as an evaluation criteria , past performance.

5. RFP is for a different MATOC that provides similar services. (follow on contract providing similar support)

6. Potential awardee is the same as the one that had cure notices on the current contract. (contractor on both MATOC's)

Since we did not list as an evaluation factor as past performance for this award, I am being told that we should award.

I have difficulty with this as in good faith, if there are performance issues that need to be resolved. (unfortunately the KO who is the assessing official is not in due to personal reasons). If the contractor improved the performance, then I would have no issues with awarding, esp since we did not evaluate past performance. but without that information it leaves a question as to the risk of performance for this contractor.

So my question is, how do we deal with information that comes up, while not part of an evaluation factor, but raises questions about the potential awardees.

or am I being to conservative on this?

(as a caveat, I am not the KO, but part of the peer review on this action, and the decision to not evaluate Past Performance was the KO's determination)

thanks