[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Rules and Regulations]
[Pages 42756-42757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21503]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1842 and 1853
Revision to the NASA FAR Supplement on Contractor Performance
Information
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Interim rule adopted as final with changes.
-----------------------------------------------------------------------
SUMMARY: This is a final rule amending the NASA FAR Supplement (NFS) to
implement FAR requirement to evaluate contractor performance.
DATES: This rule is effective August 11, 1998.
ADDRESSES: Paul Brundage, Code HK, NASA Headquarters, 300 E Street, SW,
Washington, DC 20456-0001.
FOR FURTHER INFORMATION CONTACT: Paul Brundage, (202) 358-0481.
SUPPLEMENTARY INFORMATION:
Background
FAR 42.15 requires that Federal agencies evaluate contract
performance for each contract in excess of $100,000. NASA received
public comments on the interim rule published in the Federal Register
on May 21, 1998 (63 FR 27859-27860). As a result, NASA has made the
final evaluations cumulative.
Impact
NASA certifies that this regulation will not have a significant
economic impact on a substantial number of small business entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This final
rule does not impose any reporting or recordkeeping requirements
subject to the Paperwork Reduction Act.
Lists of Subjects in 48 CFR Parts 1842 and 1853
Government procurement.
Deidre Lee,
Associate Administrator for Procurement.
Accordingly, the interim rule published May 21, 1998 (63 FR 27859)
amending 48 CFR parts 1842 and 1853 is adopted as final with the
following changes.
1. The authority citation for 48 CFR Parts 1842 and 1853 continues
to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1842--CONTRACT ADMINISTRATION
Subpart 1842.15 [Revised]
2. Subpart 1842.15 is revised to read as follows:
Subpart 1842.15--Contractor Performance Information
Sec. 1842.1501 General.
Communications with contractors are vital to improved performance
and this is NASA's primary objective in evaluating past performance.
Other objectives include providing data for both future source
selections and for reports under NASA's Contractor Performance
Assessment Program (CPAP). While the evaluations must reflect both
shortcomings and achievements during performance, they should also
elicit from the contractors their views on impediments to improved
performance emanating from the Government or other sources.
Sec. 1842.1502 Policy (NASA Supplement paragraph (a)).
(a) Within 60 days of every anniversary of the award of a contract
having a term exceeding one year, contracting officers shall conduct
interim evaluations of performance on contracts subject to FAR subpart
42.15 and this subpart. On such contracts, both an interim evaluation
covering the last period of performance and a final evaluation
summarizing all performance shall be conducted.
Sec. 1842.1503 Procedures (NASA Supplement paragraphs (a) and (b)).
(a) The contracting officer shall determine who (e.g., the
technical office or end users of the products or services) evaluates
appropriate portions of the contractor's performance. The evaluations
are subjective in nature. Nonetheless, the contracting officer, who has
responsibility for the evaluations, shall ensure that they are
reasonable.
[[Page 42757]]
(b) NASA Form 1680, entitled, ``Evaluation of Performance,'' shall
be used to document evaluations. This provides for a five-tiered rating
(using the definitions for award fee evaluation scoring found in
1816.405-275) covering the following attributes: quality, timeliness,
price or control of costs (not required for firm-fixed-price contracts
or firm-fixed-price contracts with economic price adjustment), and
other considerations. Evaluations used in determining award fee
payments satisfy the requirements of this subpart and do not require
completion of NASA Form 1680. In addition, hybrid contracts containing
both award fee and non-award fee portions do not require completion of
NASA Form 1680. Contracting Officers shall ensure that the Government
discusses all evaluations with contractors and shall record the date
and the participants on the evaluation form. Contracting officers shall
sign and date the evaluation after considering any comments received
from the contractor within 30 days of the contractor's receipt of the
evaluation. If a contractor in its timely comments disagrees with an
evaluation and requests a review at a level above the contracting
officer, it shall be provided within 30 days. While the FAR forbids use
of the evaluations for source selections more than three years after
contract completion, they shall nevertheless be retained in the
contract file as provided in FAR 4.8, Government Contract Files.
[FR Doc. 98-21503 Filed 8-10-98; 8:45 am]
BILLING CODE 7510-01-P
