Federal Acquisition Regulation; Past Performance Evaluation of Orders, 35601-35602 [05-12183]
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Proposed Rules
(Catalog of Federal Domestic Assistance No.
83.100, ‘‘Flood Insurance.’’)
Dated: June 14, 2005.
David I. Maurstad,
Acting Director, Mitigation Division,
Emergency Preparedness and Response
Directorate.
[FR Doc. 05–12171 Filed 6–20–05; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
A. Background
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 42
[FAR Case 2004–012]
RIN: 9000–AK20
Federal Acquisition Regulation; Past
Performance Evaluation of Orders
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCIES:
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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
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
VerDate jul<14>2003
21:56 Jun 20, 2005
comments received will be posted
without change to https://
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:
Jkt 205001
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
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Fmt 4702
Sfmt 4702
35601
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 taskorder 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
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21JNP1
35602
Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Proposed Rules
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.
*
*
*
*
*
[FR Doc. 05–12183 Filed 6–20–05; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
48 CFR Parts 211 and 252
[DFARS Case 2003–D073]
Defense Federal Acquisition
Regulation Supplement; Describing
Agency Needs
Department of Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
VerDate jul<14>2003
21:56 Jun 20, 2005
Jkt 205001
update text on the use of specifications,
standards, and data item descriptions in
solicitations and contracts. This
proposed rule is a result of a
transformation initiative undertaken by
DoD to dramatically change the purpose
and content of the DFARS.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
August 22, 2005, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2003–D073,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Defense Acquisition Regulations
Web Site: https://emissary.acq.osd.mil/
dar/dfars.nsf/pubcomm. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2003–D073 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations Council, Attn: Ms. Robin
Schulze, OUSD(AT&L)DPAP(DAR), IMD
3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations Council,
Crystal Square 4, Suite 200A, 241 18th
Street, Arlington, VA 22202–3402.
All comments received will be posted
to https://emissary.acq.osd.mil/dar/
dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms.
Robin Schulze, (703) 602–0326.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major
DoD initiative to dramatically change
the purpose and content of the DFARS.
The objective is to improve the
efficiency and effectiveness of the
acquisition process, while allowing the
acquisition workforce the flexibility to
innovate. The transformed DFARS will
contain only requirements of law, DoDwide policies, delegations of FAR
authorities, deviations from FAR
requirements, and policies/procedures
that have a significant effect beyond the
internal operating procedures of DoD or
a significant cost or administrative
impact on contractors or offerors.
Additional information on the DFARS
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dfars/
transf.htm.
This proposed rule is a result of the
DFARS Transformation initiative. The
proposed changes—
• Update references to the DoD 5000
series publications and the DoD
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Fmt 4702
Sfmt 4702
database for specifications, standards,
and data item descriptions; and
• Delete procedures for use of
specifications, standards, and data item
descriptions and for use of Single
Process Initiative processes instead of
military or Federal specifications and
standards. Text on these subjects will be
relocated to the new DFARS companion
resource, Procedures, Guidance, and
Information, available at https://
www.acq.osd.mil/dpap/dars/pgi.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this 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 makes no significant
change to DoD policy for the use of
requirements documents in solicitations
and contracts. Therefore, DoD has not
performed an initial regulatory
flexibility analysis. DoD invites
comments from small businesses and
other interested parties. DoD also will
consider comments from small entities
concerning the affected DFARS subparts
in accordance with 5 U.S.C. 610. Such
comments should be submitted
separately and should cite DFARS Case
2003–D073.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule does not
impose any 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 Parts 211 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR Parts 211 and 252 as follows:
PART 211—DESCRIBING AGENCY
NEEDS
1. The authority citation for 48 CFR
Parts 211 and 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 211.002 is revised to read
as follows:
211.002
Policy.
All defense technology and
acquisition programs in DoD are subject
E:\FR\FM\21JNP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Proposed Rules]
[Pages 35601-35602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12183]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: https://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 https://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.
* * * * *
[FR Doc. 05-12183 Filed 6-20-05; 8:45 am]
BILLING CODE 6820-EP-S
