[Federal Register: June 21, 2005 (Volume 70, Number 118)]
[Proposed Rules]
[Page 35601-35602]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn05-33]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 42
[FAR Case 2004-012]
RIN: 9000-AK20
Federal Acquisition Regulation; Past Performance Evaluation of
Orders
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to require past performance
evaluation of certain orders, and to ensure that subcontracting
management is addressed during evaluation of a contractor's past
performance.
DATES: Interested parties should submit comments in writing on or
before August 22, 2005 to be considered in the formulation of a final
rule.
ADDRESSES: Submit comments identified by FAR case 2004-012 by any of
the following methods:
Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.acqnet.gov/far/ProposedRules/proposed.htm.
Click on the FAR case number to submit comments. E-mail: farcase.2004-012@gsa.gov. Include FAR case 2004-
012 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2004-
012 in all correspondence related to this case. All comments received
will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.acqnet.gov/far/ProposedRules/proposed.htm
, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Ms. Jeritta Parnell, Procurement
Analyst, at (202) 501-4082. Please cite FAR case 2004-012.
SUPPLEMENTARY INFORMATION:
A. Background
Currently, there is no FAR Part 42 requirement to evaluate a
contractor's subcontract management efforts in performing under
Government contracts. This proposed amendment will ensure that the
acquisition community considers a prime contractor's management of
subcontracts, including management of small business subcontracting
plan goals, as part of the overall assessment of performance on
contracts and orders. The effect of this amendment is that subcontract
management efforts will be recorded for use in past performance
evaluations during source selection.
This proposed amendment will add a requirement for contracting
officers to evaluate a contractor's management of subcontracts,
including meeting the goals in its small business subcontracting plans,
and evaluate past performance on--
Orders exceeding $100,000 placed against a Federal Supply
Schedule contract or a task-order contract or delivery-order contract
awarded by another agency (i.e., Governmentwide acquisition contract or
multi-agency contract);
Single agency task-order and delivery-order contracts over
$100,000 when such evaluations would produce more useful past
performance information for source selection than in the overall
contract evaluation.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule merely enhances clarity of current agency business
practices. An Initial Regulatory Flexibility Analysis has, therefore,
not been performed. We invite comments from small businesses and other
interested parties. The Councils will consider comments from small
entities concerning the affected FAR Part 42 in accordance with 5
U.S.C. 610. Interested parties must submit such comments separately and
should cite 5 U.S.C. 601, et seq. (FAR case 2004-012), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 42
Government procurement.
Dated: June 15, 2005.
Julia B. Wise,
Director, Contract Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR part 42 as
set forth below:
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
1. The authority citation for 48 CFR part 42 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
42.1501 [Amended]
2. Amend section 42.1501, in the second sentence, by adding after
the word ``satisfaction;'' the phrase ``the contractor's management of
subcontracts, including meeting the goals in its subcontracting
plans;''.
3. Revise section 42.1502 to read as follows:
42.1502 Policy.
(a) Except as provided in paragraph (d) of this section, agencies
shall prepare an evaluation of contractor performance at the time the
work under the contract or order is completed--
(1) For each contract in excess of $100,000;
(2) For each order in excess of $100,000 placed against a Federal
Supply Schedule contract or a task-order contract or delivery-order
contract awarded by another agency (i.e., Governmentwide acquisition
contract or multi-agency contract); and
(3) For single agency task order and delivery order contracts, the
contracting officer may require performance evaluations for each order
in excess of $100,000 when such evaluations would
[[Page 35602]]
produce more useful past performance information for source selection
officials than that contained in the overall contract evaluation (e.g.,
when the scope of the basic contract is very broad and the nature of
individual orders could be significantly different).
(b) Interim evaluations should be prepared as specified by the
agencies to provide current information for source selection purposes,
for contracts or orders with a period of performance, including
options, exceeding one year.
(c) The evaluation of contractor performance is generally for the
entity, division, or unit that performed the contract or order. The
content and format of performance evaluations shall be established in
accordance with agency procedures and should be tailored to the size,
content, and complexity of the contractual requirements. These
procedures shall require an assessment of contractor performance
against, and efforts to achieve, the goals identified in the small
business subcontracting plan when the contract includes the clause at
52.219-9, Small Business Subcontracting Plan.
(d) Agencies shall not evaluate performance for contracts awarded
under Subpart 8.7. Agencies shall evaluate construction contractor
performance and architect/engineer contractor performance in accordance
with 36.201 and 36.604, respectively.
4. Amend section 42.1503 by revising paragraph (a); and removing
from paragraph (e) the word ``contract''. The revised text reads as
follows:
42.1503 Procedures.
(a) Agency procedures for past performance evaluations will
generally include input from the technical office, contracting office
and, where appropriate, end users of the product or service.
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[FR Doc. 05-12183 Filed 6-20-05; 8:45 am]