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. |