[Federal Register: August 9, 2011 (Volume 76, Number 153)]
[Proposed Rules]
[Page 48776-48777]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au11-22]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 42
[FAR Case 2009-042; Docket 2011-0087, Sequence 1]
RIN 9000-AM09
Federal Acquisition Regulation; Documenting Contractor
Performance; Correction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule; correction and extension of comment date.
-----------------------------------------------------------------------
SUMMARY: This document corrects the proposed changes published in the
Federal Register of June 28, 2011, regarding the proposed rule for
Documenting Contractor Performance and extends the comment closing date
by 30 days.
DATES: The comment period for the proposed rule published June, 28,
2011, at 76 FR 37704, is extended. Comments will be received until
September 8, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement
Analyst, at (202) 501-1448. Please cite FAR Case 2009-042.
SUPPLEMENTARY INFORMATION: This document corrects the proposed changes
published in the Federal Register of June 28, 2011, regarding the
proposed rule for Documenting Contractor Performance (75 FR 37704) and
extends the comment closing date by 30 days. Text already in the
Federal Acquisition Regulation was inadvertently omitted from the
restatement of section 42.1503. The text was not intended to be
removed, and is being restored at 42.1503(d) and 42.1503(h)(1) in the
proposed rule.
Correction
In the proposed rule FR Doc. 2011-16169, beginning on page 37705,
in 3rd column, in the issue of Tuesday, June 28, 2011, make the
following correction, in the instructions of section 42.1503.
42.1503 [Corrected]
1. Section 42.1503 is corrected to read as follows:
42.1503 Procedures.
(a) Agency procedures for the past performance evaluation system
shall generally provide for input to the evaluations from the technical
office, contracting office and, where appropriate, end users of the
product or service. Agency procedures shall identify and assign past
performance evaluation roles and responsibilities to those individuals
responsible for preparing interim and final performance evaluations
(e.g., contracting officer representatives and program managers). If
agency procedures do not specify the individuals responsible for past
performance evaluation duties, the contracting officer will remain
responsible for this function. Those individuals identified may obtain
information for the evaluation of performance from the program office,
administrative contracting office, audit office, end users of the
product or service, and any other technical or business advisor, as
appropriate. Interim evaluations shall be prepared on an annual basis,
in accordance with agency procedures.
(b)(1) The evaluation report should reflect how the contractor
performed. The report should include clear relevant information that
accurately depicts the contractor's performance, and be based on
objective facts supported by program and contract performance data. The
evaluations should be tailored to the contract type, size, content, and
complexity of the contractual requirements.
[[Page 48777]]
(2) Evaluation factors for each assessment shall include, at a
minimum, the following:
(i) Technical or Quality.
(ii) Cost Control (as applicable).
(iii) Schedule/Timeliness.
(iv) Management or Business Relations.
(v) Small Business Subcontracting (as applicable).
(3) These evaluation factors, including subfactors, may be
tailored, however, each factor and subfactor shall be evaluated and
supporting narrative provided.
(4) Each evaluation factor, as listed in paragraph (b)(2) of this
section, shall be rated in accordance with a five scale rating system
(e.g., exceptional, very good, satisfactory, marginal, and
unsatisfactory). Rating definitions shall reflect those contained in
the CPARS Policy Guide available at http://www.cpars.gov/.
(c)(1) When the contract provides for incentive fees, the
incentive-fee contract performance evaluation shall be entered into
CPARS. (See 16.401(f).)
(2) When the contract provides for award fee, the award fee-
contract performance adjectival rating as described in 16.401(e)(3)
shall be entered into CPARS.
(d) Agency evaluations of contractor performance, including both
negative and positive evaluations, prepared under this subpart shall be
provided to the contractor as soon as practicable after completion of
the evaluation. Contractors shall be given a minimum of 30 days to
submit comments, rebutting statements, or additional information.
Agencies shall provide for review at a level above the contracting
officer to consider disagreements between the parties regarding the
evaluation. The ultimate conclusion on the performance evaluation is a
decision of the contracting agency. Copies of the evaluation,
contractor response, and review comments, if any, shall be retained as
part of the evaluation. These evaluations may be used to support future
award decisions, and should therefore be marked ``Source Selection
Information''. Evaluation of Federal Prison Industries (FPI)
performance may be used to support a waiver request (see 8.604) when
FPI is a mandatory source in accordance with subpart 8.6. The completed
evaluation shall not be released to other than Government personnel and
the contractor whose performance is being evaluated during the period
the information may be used to provide source selection information.
Disclosure of such information could cause harm both to the commercial
interest of the Government and to the competitive position of the
contractor being evaluated as well as impede the efficiency of
Government operations. Evaluations used in determining award or
incentive fee payments may also be used to satisfy the requirements of
this subpart. A copy of the annual or final past performance evaluation
shall be provided to the contractor as soon as it is finalized.
(e) Agencies shall require--
(1) Performance issues be documented promptly during contract
performance to ensure critical details are included in the evaluation;
(2) The award fee determination, if required, align with the
contractor's performance and be reflected in the evaluation;
(3) Timely assessments and quality data (see the quality standards
in the CPARS Policy Guide at http://www.cpars.gov/) in the contractors
past performance evaluation; and
(4) Frequent assessment (e.g., monthly or quarterly) of agency
compliance with the reporting requirements in 42.1502, so agencies can
readily identify delinquent past performance reports and monitor their
reports for quality control.
(f) Agencies shall prepare and submit all past performance reports
electronically into the CPARS at http://www.cpars.gov/. These reports
are transmitted to the Past Performance Information Retrieval System
(PPIRS) at http://www.ppirs.gov. Past performance reports for
classified contracts and special access programs shall not be reported
in CPARS, but will be reported as stated in this subpart and in
accordance with agency procedures.
Agencies shall ensure that appropriate management and technical
controls are in place to ensure that only authorized personnel have
access to the data and the information safeguarded in accordance with
42.1503(b).
(g) Agencies shall use the past performance information in PPIRS
that is within the last three years (six for construction and
architect-engineer contracts) and information contained in the Federal
Awardee Performance and Integrity Information System (FAPIIS), e.g.,
termination for default or cause.
(h) Other contractor performance information. (1) Agencies shall
ensure information is reported in the FAPIIS module of CPARS within 3
working days after a contracting officer--
(i) Issues a final determination that a contractor has submitted
defective cost or pricing data;
(ii) Makes a subsequent change to the final determination
concerning defective cost or pricing data pursuant to 15.407-1(d);
(iii) Issues a final termination for cause or default notice; or
(iv) Makes a subsequent withdrawal or a conversion of a termination
for default to a termination for convenience.
(2) Agencies shall establish CPARS focal points who will register
users to report data into the FAPIIS module of CPARS (available at
http://www.cpars.gov/, then select FAPIIS).
(3) The primary duties of the CPARS focal point is to administer
CPARS and FAPIIS access. Agencies must also establish PPIRS group
managers. The primary duties of the PPIRS group managers are to grant
or deny access to PPIRS. The CPARS Reference Material, on the Web site,
includes reporting instructions.
Dated: August 3, 2011.
Rodney P. Lantier,
Deputy Director for Acquisition Policy.
[FR Doc. 2011-20089 Filed 8-8-11; 8:45 am]
BILLING CODE 6820-EP-P