[Federal Register Volume 64, Number 79 (Monday, April 26, 1999)]
[Rules and Regulations]
[Pages 20201-20209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10096]
[[Page 20201]]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Part 1509 and 1552
[FRL-631-3]
Acquisition Regulation: Contractor Performance Evaluations
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is amending the EPA
Acquisition Regulation (48 CFR Chapter 15) to revise its policy and
procedures regarding the evaluation of contractor performance on EPA
contracts and to establish an EPA Acquisition Regulation clause to be
used in solicitations and contracts with an estimated dollar value in
excess of $100,000. This final rule applies to all large and small
entities who perform or are interested in performing under EPA
contracts.
DATES: This rule is effective on May 26, 1999.
FOR FURTHER INFORMATION CONTACT: Frances Smith, U.S. Environmental
Protection Agency, Office of Acquisition Management, (3802R), 401 M
Street, SW, Washington, D.C. 20460, Telephone: (202) 564-4368.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule implements the Office of Federal Procurement Policy
Policy Letter 92-5, Past Performance Information. The Office of Federal
Procurement Policy Policy Letter requires Federal agencies to evaluate
contractor performance on contracts over $100,000, to use past
performance information in making responsibility determinations in both
sealed bid and competitively negotiated procurements, and to specify
past performance as an evaluation factor in solicitations for
competitively negotiated contracts expected to exceed $100,000.
The comment period for the proposed rule extended from September
16, 1998, to November 16, 1998. The Agency received a total of 33
comments and has reviewed them all. A detailed Summary and Analysis of
Comments document detailing the comments and the responses regarding
the proposed rule is available in the docket for this rule by
contacting Frances Smith at (202) 564-4368 (E-mail:
smith.frances@epamail.epa.gov).
The Agency has made minor changes to the proposed rule as a result
of the comments received. This final rule reflects the following
changes: (1) Deleted the word ``rare'' under each rationale for the
numerical rating score of 5; (2) Added a statement in the Contractor
Performance Report Instructions to include the following under number
10.: Identify the title of the contract and the dollar amount managed
under the period for review; (3) Revised the definition for Summary
Ratings in the Contractor Performance Report Instructions to coincide
with the definition in the rule at 1509.170-4(e) as follows: Summary
ratings refer to the ratings determined by one level above the
contracting officer regarding disagreements between the contractor and
the contracting officer. Summary ratings reflect the Agency's ultimate
conclusion for the performance period being evaluated; (4) Revisions
made throughout the rule to include ``business days'' in lieu of
``calendar days''; (5) Revisions made to 1509.170-5, Policy and
1552.209-76, Contractor Performance Evaluations to reflect that past
performance evaluations are to be completed after each 12 months of
contract performance; and (6) Deleted paragraphs (c) and (d) of
1509.170-7, Release of Ratings and replaced paragraph (c) with the
following: Freedom of Information Act requests shall be processed by
the EPA Freedom of Information Act office where the contract is
located. Requests for past performance evaluations during the period
the information may be used to provide source selection information
shall be rejected if the requests are made by other than Government
personnel and the contractor whose performance is being evaluated.
B. Executive Order 12866
The final rule is not a significant regulatory action for the
purposes of Executive Order 12866; therefore, no review was required by
the Office of Information and Regulatory Affairs within the Office of
Management and Budget (OMB). The word ``not'' was inadvertently omitted
in the proposed rule to indicate that this rule is not a significant
regulatory action. The Office of Management and Budget has exempted
this regulatory action from E.O. 12866 review.
C. Paperwork Reduction Act
The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.)
applies to this final rule, and the information collection request in
this final rule has been evaluated by the Office of Management and
Budget. The Office of Information and Regulatory Affairs within the
Office of Management and Budget has issued OMB Clearance No. 9000-0142
for the collection of contractor performance information. Comments
regarding Paperwork Reduction Act concerns should be sent to the Office
of Management and Budget (Attn: EPA Desk Officer). The Office of
Management and Budget is required to make a decision concerning the
collection of information contained in the final rule between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to the Office of Management and Budget is best
assured of having its full effect if the Office of Management and
Budget receives it within 30 days of publication.
D. Regulatory Flexibility Act
The EPA certifies that this final rule does not exert a significant
economic impact on a substantial number of small entities.
This final rule formalizes EPA's contractor performance evaluation
process, as an expansion of the government-wide requirements already
established in the Federal Acquisition Regulation, 48 CFR 42.15. The
final rule explains that EPA contracting officers will be recording the
evaluations on simple and easy-to-understand report forms generated by
the National Institutes of Health's Contractor Performance System.
Likewise, the evaluation rating system that the contracting officers
will be using is based on straightforward numerical scores with a
narrative explanation to be provided by the contracting officers. An
adverse economic impact upon a contractor (i.e., in the form of less
future Federal business) as a result of a rating assessed by an EPA
contracting officer would be attributable to the contractor's past
performance itself, not to the rating system prescribed herein.
Further, the final rule requires no reporting or record-keeping by
contractors. Rather, the final rule provides contractors with a formal
opportunity, generally one time a year per contract, to review and
comment on their specific performance evaluations as conducted by the
cognizant EPA contracting officers. EPA estimates that the contractor's
review and comment process will require a minimal amount of time to
complete; therefore, to the extent that this does result in some
contractor-incurred costs, EPA anticipates that these will be de
minimus. In any event, any reasonable costs incurred by the contractor
in connection with the process will be allowable and allocable to the
contract under evaluation and thereby borne by EPA.
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E. The National Technology Transfer and Advancement Act
As noted in the proposed rule, section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law
104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
the Office of Management and Budget, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards. This action does not involve technical standards. Therefore,
EPA did not consider the use of any voluntary consensus standards.
F. Executive Order 12875: Enhancing the Intergovernmental
Partnership
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities because this rule pertains to contractors who have been
awarded EPA contracts. Accordingly, the requirements of section 1(a) of
Executive Order 12875 do not apply to this rule.
G. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statue, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments because this rule pertains to
contractors who have been awarded EPA contracts. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
H. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess
their regulatory actions on State, local, and tribal governments, and
the private sector. This final rule does not contain a Federal mandate
that may result in expenditures of $100 million or more for State,
local, and tribal governments, in aggregate, or the private sector in
one year. The rule is not subject to the requirements of sections 202
and 205 of the UMRA.
I. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to E.O. 13045 because it is not an
economically significant rule as defined by E.O. 12866, and because it
does not involve decisions on environmental health or safety.
J. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804 (2).
List of Subjects in 48 CFR Parts 1509 and 1552
Environmental protection, Government procurement.
Therefore, 48 CFR Chapter 15 is amended as set forth below:
1. The authority citation for Parts 1509 and 1552 continues to read
as follows:
Authority: The provisions of this regulation are issued under 5
U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended.
2. Section 1509.170-1 is amended by adding the following after the
first sentence:
1509.170-1 Scope of subpart.
* * * Contracting officers shall insert the contract clause at
1552.209-76 in all solicitations and contracts with an estimated dollar
value in excess of $100,000. For acquisitions involving options, the
total estimated value of the acquisition shall include the estimated
base amount plus the option(s) amount(s).
3. Sections 1509.170-2, 1509.170-3, and 1509.170-4 are revised to
read as follows:
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1509.170-2 Purpose.
This subpart provides guidance to program and contracting personnel
regarding the evaluation of contractor performance. It establishes a
uniform method for determining and recording the effectiveness of
contractors in meeting contractual obligations. Additionally, this
subpart details a systematic approach for identifying and maintaining
records of contractors' performance histories.
1509.170-3 Applicability.
(a) This subpart applies to all EPA acquisitions in excess of
$100,000, except for construction acquisitions, architect-engineer
acquisitions, acquisitions awarded under the Federal Acquisition
Regulation (FAR) Subpart 8.6, Acquisitions from Federal Prison
Industries, Incorporated, FAR Subpart 8.7, Acquisitions from Nonprofit
Agencies Employing People Who Are Blind or Severely Disabled, and FAR
13.5, Test Program for Certain Commercial Items. FAR 36.201 and 36.604
provide detailed instructions for construction and architect-engineer
contractor performance evaluations.
(b) The acquisition of commercial items in accordance with FAR
13.106 is not applicable to this subpart because simplified acquisition
procedures do not require the creation or existence of a formal
database for past performance evaluations. In cases where simplified
acquisition procedures are not used to acquire commercial items (see
FAR 12.203), this subpart is applicable to acquiring commercial items
in excess of $100,000.
(c) EPA Form 1900-26, Contracting Officer's Evaluation of
Contractor Performance, and EPA Form 1900-27, Project Officer's
Evaluation of Contractor Performance, shall apply to all performance
evaluations completed prior to the effective date of this subpart.
However, on the effective date of this rule, EPA Forms 1900-26 and
1900-27 are obsolete, and contracting officers shall complete all
contractor performance evaluations by use of the National Institutes of
Health's Contractor Performance System.
1509.170-4 Definitions.
(a) Contractor Performance Report is an evaluation of a
contractor's performance for a specified period of time.
(b) Interim Report refers to a Contractor Performance Report that
covers each 12 month period after contract award.
(c) Final Report refers to a Contractor Performance Report that
covers the last 12 months (or less) of contract performance.
(d) Ratings refer to the numerical scores for each performance
category. Ratings are defined as follows: 0 = unsatisfactory, 1 = poor,
2 = fair, 3 = good, 4 = excellent, and 5 = outstanding.
(e) Summary ratings refer to the ratings determined by one level
above the contracting officer regarding disagreements between the
contractor and the contracting officer. Summary ratings reflect the
Agency's ultimate conclusion for the performance period being
evaluated.
(f) Performance Categories refer to the measures used to evaluate a
contractor's performance. Performance categories are defined as
quality, cost control, timeliness of performance, and business
relations.
4. Section 1509.170 is also amended by adding 1509.170-5, 1509.170-
6, 1509.170-7, and 1509.170-8 to read as follows:
1509.170-5 Policy.
(a) Contracting officers are responsible for the timely completion
of contractors' performance evaluations. The National Institutes of
Health Contractor Performance System shall be used to record individual
contractor performance histories on EPA contracts and to obtain
contractor past performance information for use in EPA's source
selection process.
(b) Contracting officers are required to use the National
Institutes of Health Contractor Performance System to record
evaluations for all contract performance periods expiring after the
effective date of this subpart.
(c) Contractor evaluation information shall be recorded in
Contractor Performance Reports (Report) which are generated by the
National Institutes of Health system. Reports shall cover individual
contractor evaluations at the contract level, which includes all work
assignments, task orders, or delivery orders associated with the 12
month period being evaluated (interim Report) or the last 12 months (or
less) of contract performance (final Report).
(d) The contracting officer must complete interim Reports covering
each 12 month period after contract award for all contracts in excess
of $100,000, except those acquisitions identified in 1509.170-3,
Applicability. In addition to interim Reports, the contracting officer
must complete a final Report which covers the last 12 months (or less)
of contract performance.
(e) The contracting officer shall initiate the process for
completing interim Reports within five (5) business days after the end
of each 12 months of contract performance. The contracting officer
shall initiate the process for completing a final Report within five
(5) business days after the end of the last 12 months (or less) of
contract performance. Final Reports must be completed prior to contract
closeout.
(f) The contracting officer must complete interim and final
Reports, including the project officer's evaluation of contractor
performance, receipt of any contractor input, and resolution of summary
ratings (if any) within 90 business days from the date the contracting
officer initiates the evaluation.
(g) Reports shall be used to inform other agencies and departments
(upon request) about a contractor's performance on an EPA contract, and
to assist the contracting officer and the Technical Evaluation Panel
with evaluating past performance for future EPA acquisitions.
(h) When evaluating proposals, contracting officers shall use the
National Institutes of Health system to access Reports from other
agencies or departments that are available in the National Institutes
of Health database. Contracting Officers may need to access past
performance information from other than the National Institutes of
Health system if the National Institutes of Health system does not
include applicable information.
(i) In accordance with FAR 42.1503(b), the ultimate conclusion on
the performance evaluation is the decision of the Agency. The
contracting officer must ensure the accuracy of ratings for each
performance category by verifying that information in the contract file
corresponds with the project officer's designated ratings. A
contractor's performance evaluation should closely parallel award fee
determinations made under the contract.
(j) In cases of novations involving successors-in-interest, a final
evaluation of the predecessor contractor must be completed within five
(5) business days after the end of the predecessor contractor's
performance, and an interim evaluation of the successor contractor must
be completed within five (5) business days after the end of each 12
months of contract performance after the successor began performing. In
cases of change-of-name agreements, the system shall be changed to
reflect the new contractor's name.
(k) Contracting officers must inform the Office of Debarment and
Suspension of any repetitive unsatisfactory or poor (a score of 0 or 1)
ratings encountered by the contractor.
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1509.170-6 Filing of forms.
The original copy of completed Contractor Performance Reports
(interim and final) shall be filed in each individual contractor's
official contract file. The National Institutes of Health Contractor
Performance System will retain all reports for three (3) years after
contract completion.
1509.170-7 Release of ratings.
(a) Agencies and departments who subscribe to the National
Institutes of Health's Contractor Performance System will have direct
access to all Reports, including those of EPA, in the National
Institutes of Health's database. Information on EPA contractors'
performance ratings may also be obtained by contacting the EPA
contracting officer responsible for the evaluation.
(b) Contractors' performance ratings may be released to other
Federal, State, and local Governments upon written request. The release
to other Federal, State, and local Governments must stipulate that the
information provided shall not be released outside of the requesting
Government agency. In cases where the Federal agency is part of the
National Institutes of Health Contract Performance System, a written
request is not applicable.
(c) Freedom of Information Act requests shall be processed by the
EPA Freedom of Information Act office where the contract is located.
Requests for past performance evaluations during the period the
information may be used to provide source selection information shall
be rejected if the requests are made by other than the Government
personnel and the contractor whose performance is being evaluated.
1509.170-8 Contractor Performance Report.
(a) Contractor Performance Reports (interim and final) must be
prepared electronically by use of the National Institutes of Health's
Contractor Performance System. Hard copy preparation of Reports shall
not be used unless specifically instructed by the National Institutes
of Health. The National Institutes of Health will provide EPA's Office
of Acquisition Management Internal Oversight Service Center with
specific instructions if hard copy use becomes necessary.
(b) A copy of the National Institutes of Health Contractor
Performance Report (including instructions) shall be included in each
solicitation and contract with an estimated value in excess of
$100,000.
5. Section 1552.2 is amended by adding 1552.209-76 as follows:
1552.209-76 Contractor performance evaluations.
As prescribed in section 1509.170-1, insert the following clause in
all applicable solicitations and contracts.
Contractor Performance Evaluations
(MAY 1999)
The contracting officer shall complete a Contractor Performance
Report (Report) within ninety (90) business days after the end of
each 12 months of contract performance (interim Report) or after the
last 12 months (or less) of contract performance (final Report) in
accordance with EPAAR 1509.170-5. The contractor shall be evaluated
based on the following ratings and performance categories:
Ratings: 0 = unsatisfactory, 1 = poor, 2 = fair, 3 = good, 4 =
excellent, 5 = outstanding.
Performance Categories:
Quality: Compliance with contract requirements; accuracy of
reports; effectiveness of personnel; and technical excellence.
Rating
0--Contractor is not in compliance and is jeopardizing achievement
of contract objectives
1--Major problems have been encountered
2--Some problems have been encountered
3--Minor inefficiencies/errors have been identified
4--Contractor is in compliance with contract requirements and/or
delivers quality products/services
5--The contractor has demonstrated an outstanding performance level
that justifies adding a point to the score. It is expected that this
rating will be used in those circumstances when contractor
performance clearly exceeds the performance level described as
``Excellent.''
Cost Control: Record of forecasting and controlling target
costs; current, accurate and complete billings; relationship of
negotiated costs to actuals; cost efficiencies.
Rating
0--Contractor is unable to manage costs effectively
1--Contractor is having major difficulty managing costs effectively
2--Contractor is having some problems managing costs effectively
3--Contractor is usually effective in managing costs
4--Contractor is effective in managing costs and submits current,
accurate, and complete billings
5--The contractor has demonstrated an outstanding performance level
that justifies adding a point to the score. It is expected that this
rating will be used in those circumstances when contractor
performance clearly exceeds the performance level described as
``Excellent.''
Timeliness of Performance: Met interim milestones; reliability;
responsive to technical direction; completed on time, including
wrap-up and contract administration; met delivery schedules; no
liquidated damages assessed.
Rating
0--Contractor delays are jeopardizing performance of contract
objectives
1--Contractor is having major difficulty meeting milestones and
delivery schedule
2--Contractor is having some problems meeting milestones and
delivery schedule
3--Contractor is usually effective in meeting milestones and
delivery schedule
4--Contractor is effective in meeting milestones and delivery
schedule
5--The contractor has demonstrated an outstanding performance level
that justifies adding a point to the score. It is expected that this
rating will be used in those circumstances when contractor
performance clearly exceeds the performance level described as
``Excellent.''
Business Relations: Effective management, including
subcontracts; reasonable/cooperative behavior; responsive to
contract requirements; notification of problems; flexibility; pro-
active versus reactive; effective small/small disadvantage business
subcontracting program.
Rating
0--Response to inquiries, technical/service/administrative issues is
not effective
1--Response to inquiries, technical/service/administrative issues is
marginally effective
2--Response to inquiries, technical/service/administrative issues is
somewhat effective
3--Response to inquiries, technical/service/administrative issues is
usually effective
4--Response to inquiries, technical/service/administrative issues is
effective
5--The contractor has demonstrated an outstanding performance level
that justifies adding a point to the score. It is expected that this
rating will be used in those circumstances when contractor
performance clearly exceeds the performance level described as
``Excellent.''
(a) The contracting officer shall initiate the process for
completing interim Reports within five (5) business days after the
end of each 12 months of contract performance by requesting the
project officer to evaluate contractor performance for the interim
Report. In addition, the contracting officer shall initiate the
process for completing final Reports within five (5) business days
after the last 12 months (or less) of contract performance by
requesting the project officer to evaluate contractor performance
for the final Report. The final Report shall cover the last 12
months (or less) of contract performance. Within thirty (30)
business days after the project officer receives a request from the
contracting officer to complete an evaluation, the project officer
shall:
(1) Complete a description of the contract requirements;
(2) Evaluate contractor performance and assign a rating for
quality, cost control, and timeliness of performance categories
(including a narrative for each rating);
(3) Provide any information regarding subcontracts, key
personnel, and customer satisfaction;
[[Page 20205]]
(4) Assign a recommended rating for the business relations
performance category (including a narrative for the rating); and
(5) Provide additional information appropriate for the
evaluation or future evaluations.
(b) The contracting officer shall:
(1) Ensure the accuracy of the project officer's evaluation by
verifying that the information in the contract file corresponds with
the designated project officer's ratings;
(2) Assign a rating for the business relations performance
category (including a narrative for the rating);
(3) Concur with or revise the project officer's ratings after
consultation with the project officer;
(4) Provide any additional information concerning the quality,
cost control, and timeliness of performance categories if deemed
appropriate for the evaluation or future evaluations (if any), and
provide any information regarding subcontracts, key personnel, and
customer satisfaction; and
(5) Forward the Report to the contractor within ten (10)
business days after the contracting officer receives the project
officer's evaluation.
(c) The contractor shall be granted thirty (30) business days
from the date of the contractor's receipt of the Report to review
and provide a response to the contracting officer regarding the
contents of the Report. The contractor shall:
(1) Review the Report;
(2) Provide a response (if any) to the contracting officer on
company letter head or electronically;
(3) Complete contractor representation information; and
(4) Forward the Report to the contracting officer within the
designated thirty (30) business days.
(d) The contractor's response to the Report may include written
comments, rebuttals (disagreements), or additional information. If
the contractor does not respond to the Report within the designated
thirty (30) business days, the specified ratings in the Report are
deemed appropriate for the evaluation period. In this instance, the
contracting officer shall complete the Agency review and sign the
Report within three (3) business days after expiration of the
specified 30 business days.
(e) If the contractor submits comments, rebuttals
(disagreements), or additional information to the contracting
officer which contests the ratings, the contracting officer, in
consultation with the project officer, shall initially try to
resolve the disagreement(s) with the contractor.
(f) If the disagreement(s) is (are) not resolved between the
contractor and the contracting officer, the contracting officer
shall provide a written recommendation to one level above the
contracting officer for resolution as promptly as possible, but no
later than five (5) business days after the contracting officer is
made aware that the disagreement(s) has (have) not been resolved
with the contractor. The individual who is one level above the
contracting officer shall:
(1) Review the contracting officer's written recommendation; and
(2) Provide a written determination to the contracting officer
for summary ratings (ultimate conclusion for ratings pertaining to
the performance period being evaluated) within five (5) business
days after the individual one level above the contracting officer
receives the contracting officer's written recommendation.
(g) If the disagreement is resolved, the contracting officer
shall complete the Agency review and sign the Report within three
(3) business days after consultation.
(h) The contracting officer shall complete the Agency review and
sign the Report within three (3) business days after the contracting
officer receives a written determination for summary ratings from
one level above the contracting officer.
(i) An interim or final Report is considered completed after the
contracting officer signs the Report. The contracting officer must
provide a copy of completed Reports (interim and final) to the
contractor within two (2) business days after completion.
Note: Appendix to Preamble will not appear in the Code of
Federal Regulations:
BILLING CODE 6560-50-P
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[GRAPHIC] [TIFF OMITTED] TR26AP99.000
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[GRAPHIC] [TIFF OMITTED] TR26AP99.001
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[GRAPHIC] [TIFF OMITTED] TR26AP99.002
BILLING CODE 6560-50-C
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Contractor Performance Report Instructions
Top Section
1. Check the appropriate block to indicate the type of report
(Interim, Final).
2. Indicate the period covered by the report.
3. List the name of the contracting officer and the location of the
contracting office.
4. Identify the contract number of the contract being evaluated.
Enter Task No. if applicable.
5. List the name and address of the contractor.
6. Enter TIN and SIC.
7. Enter Type of Contract (A--Fixed price re-determination; J--Firm
fixed price; K--Fixed price with economic price adjustment; L--Fixed
price incentive; R--Cost plus award fee; S--Cost no fee; T--Cost
sharing; U--Cost plus fixed fee; V--Cost plus incentive fee; Y--Time
and materials; Z--Labor hours).
8. Indicate the contract award date and contract expiration date.
9. State the contract value, including any option amounts.
10. Provide a brief description of the work being performed under
the contract (the title of the contract and the dollar amount managed
under the period for review).
Ratings
Using the rating guideline, assign each area a rating of 0
(unsatisfactory), 1 (poor), 2 (fair), 3 (good), 4 (excellent), or 5
(outstanding). Provide a brief narrative (2000 characters or less) for
each of the categories to support the rating assigned. The categories
are: quality of product or service, cost control, timeliness of
performance, and business relations.
Subcontractors
Indicate whether subcontracts are/were involved. Briefly summarize
(2000 characters or less) the performance of any subcontractors that
have major responsibilities under the contract or are required to
perform a significant part of the contract requirement. This space may
also be used to evaluate a prime contractor's management of a
subcontractor.
Key Personnel
List the name of the project manager/principal investigator
(required) and the names of two other key personnel (optional). Briefly
describe the performance of the key personnel listed. (2000 characters
or less)
Customer Satisfaction
Circle the appropriate answer to indicate whether the contractor
was committed to customer satisfaction. For the final report, indicate
whether you would recommend selection of the firm again.
Project Officer Signature
The project officer signs this block.
Contracting Officer Concurrence
The contracting officer initials this block, indicating concurrence
with the initial rating.
Contractor's Representative
The contractor signs this next block, indicating review of the
rating.
Summary Ratings
Summary ratings refer to the ratings determined by one level above
the contracting officer regarding disagreements between the contractor
and the contracting officer. Summary ratings reflect the Agency's
ultimate conclusion for the performance period being evaluated.
Contracting Officer Signature
The contracting officer signs the report when all actions are
completed. If changes were made to the ratings or the narrative during
the rebuttal process, a copy of the report, as revised, shall be
promptly furnished to the contractor.
Contractor's Review
Indicate whether the contractor submitted a rebuttal or comments.
Attach a copy of the contractor's rebuttal to this report, or indicate
its location, if filed separately.
Agency Review
If the contracting officer and the contractor are unable to agree
on a final rating, the matter is to be referred to an individual one
level above the contracting officer. Attach a copy of the agency's
decision to this report, or indicate its location, if filed separately.
Dated: March 19, 1999.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 99-10096 Filed 4-23-99; 8:45 am]
BILLING CODE 6560-50-P
