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FAR Rule Seeks Standardized Past Performance Evaluations


The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing to amend the Federal Acquisition Regulation to provide standardized past performance evaluation factors and performance rating categories. The rule, which builds on the proposed rule in FAR Case 2009-042, Documenting Contractor Performance ( ¶70,006.253), addresses FAR Subpart 42.15, Contractor Performance Information. The rule would amend FAR 42.1503, Procedures, to require the past performance report to include a clear, non-technical description of the principal purpose of the contract, and to add two tables containing evaluation ratings definitions. The defined ratings—exceptional, very good, satisfactory, marginal, and unsatisfactory—are based on guidance provided in the DoD CPARS Policy Guide and recommendations of the Small Business Administration. Proposed FAR 42.1503 (b)(2) provides for six mandatory evaluation factors: technical, cost control, schedule/timeliness, management or business relations, small business subcontracting, and other. Each of the factors would be rated in accordance with the five-scale system proposed in the new tables. Under proposed FAR 42.1503 (e), agencies would be required to enter past performance information into the Contractor Performance Assessment Reporting System.

Appeal Process Changes

Further, the rule would implement Section 806 of the National Defense Authorization Act for Fiscal Year 2012 (PL 112-81), which addresses: establishing standards for timely and complete past performance database submissions, assigning responsibility and management accountability for the completeness of past performance submissions, and assuring that past performance submissions are consistent with award fee evaluations. Finally, the government is considering a proposal to remove the appeal language in proposed FAR 42.1503 (d). Currently, agencies must review evaluations at a level above the contracting officer to consider disagreements between the parties regarding the evaluation. The government seeks to determine whether modifications to the appeal process would improve or weaken the effectiveness of past performance policies and associated principles of impartiality and accountability. A complete listing of all of the affected FAR provisions appears in the regulation table below. Comments referencing FAR Case 2012-009 are due November 5, 2012. For the text of the rule, see ¶70,006.271.




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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