Federal Acquisition Regulation; Enhancements to Past Performance Evaluation Systems, 26426-26427 [2015-11030]

Download as PDF 26426 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations (h) Review and justification of passthrough contracts. (1) The requirements of this paragraph (h) are applicable to all agencies. The requirements apply by law to the Department of Defense, the Department of State, and the United States Agency for International Development, per section 802 of the National Defense Authorization Act (NDAA) for Fiscal Year 2013. The requirements apply as a matter of policy to other Federal agencies. (2) Except as provided in paragraph (h)(3) of this section, when an offeror for a contract or a task or delivery order informs the contracting officer pursuant to 52.215–22 that it intends to award subcontracts for more than 70 percent of the total cost of work to be performed under the contract, task or delivery order, the contracting officer shall— (i) Consider the availability of alternative contract vehicles and the feasibility of contracting directly with a subcontractor or subcontractors that will perform the bulk of the work. If such alternative approaches are selected, any resulting solicitations shall be issued in accordance with the competition requirements under FAR part 6; (ii) Make a written determination that the contracting approach selected is in the best interest of the Government; and (iii) Document the basis for such determination. (3) Contract actions awarded pursuant to subparts 19.5, 19.8, 19.13, 19.14, or 19.15 are exempt from the requirements of this paragraph (h) (see section 1615 of the National Defense Authorization Act for Fiscal Year 2014 (Pub. L. 113– 66)). [FR Doc. 2015–11029 Filed 5–6–15; 8:45 am] BILLING CODE 6820–EP–P ACTION: Final rule. DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to accommodate the recent merger of the Architect-Engineer Contract Administration Support System (ACASS) and the Construction Contractor Appraisal Support System (CCASS) modules within the Contractor Performance Assessment Reporting System (CPARS) database. DATES: Effective: June 8, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement Analyst, at 202–501–1448, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. Please cite FAC 2005–82, FAR Case 2014–010. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD, GSA, and NASA published a proposed rule in the Federal Register at 79 FR 54949 on September 15, 2014, to standardize the past performance reporting requirements under the CPARS database in FAR subpart 42.15. One respondent submitted comments on the proposed rule. II. Discussion and Analysis The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the public comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments are provided as follows: A. Summary of Changes There are no changes made in the final rule as a result of the public comments. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION B. Public Comments 1. Continue To Use ACASS NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 42 [FAC 2005–82; FAR Case 2014–010; Item III; Docket No. 2014–0010, Sequence No. 1] mstockstill on DSK4VPTVN1PROD with RULES2 RIN 9000–AM79 Federal Acquisition Regulation; Enhancements to Past Performance Evaluation Systems Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCY: VerDate Sep<11>2014 19:21 May 06, 2015 Jkt 235001 Comment: The respondent requests that ACASS continue to be utilized because the ratings are more descriptive and appropriate to the design professionals than those in CPARS. Response: ACASS will not continue to be utilized since the ACASS module was merged into CPARS on July 1, 2014. Appendix 3 of the ‘‘Guidance for Contractor Performance Assessment Reporting System (CPARS),’’ dated July 2014, provides specific instructions on describing the different aspects of the quality of the contractor’s work and the contractor’s management of a quality control program in the narrative of a PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 CPARS evaluation for an ArchitectEngineer contract or order. This guidance is accessible electronically at https://www.cpars.gov/cparsfiles/pdfs/ CPARS-Guidance.pdf. 2. ‘‘Overall Rating’’ Added to CPARS Comment: The respondent requests an ‘‘Overall Rating’’ be added to the CPARS rating system, similar to the ACASS system. Response: An overall rating of contractor performance in CPARS is not advantageous, because the weight of the specific evaluation areas (quality, schedule, cost control, management, utilization of small business and regulatory compliance) is different for each contract being evaluated and each solicitation in which the offeror’s past performance is being evaluated. 3. Interim Evaluations Comment: The respondent suggests that the interim evaluation in CPARS be superseded by the final evaluation. Response: The final evaluation is the last rating provided to date on a contract. Interim evaluations, combined with the final evaluation (or last evaluation to date), remain available in order to provide the entire picture of contractor performance under the contract for future source selection purposes. C. Other Changes For clarity, the final rule adds a reference to the past performance thresholds at paragraphs (b) through (f) of section 42.1502. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act DoD, GSA, and NASA certify that this final rule will not have a significant economic impact on a substantial number of small entities within the E:\FR\FM\07MYR2.SGM 07MYR2 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because this rule removes references to the ACASS and CCASS modules since these modules were merged into CPARS on July 1, 2014. This action will standardize the past performance reporting requirements for architectengineer contracts and construction contracts under the CPARS database. This change does not impose any new requirements on small entities. PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION 22.102–2 48 CFR Parts 4, 22, 39, and 52 [FAC 2005–82; Item IV; Docket No. 2015– 0052; Sequence No. 1] V. Paperwork Reduction Act List of Subject in 48 CFR Part 42 Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCY: ACTION: Government procurement. Final rule. This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes. DATES: Therefore, DoD, GSA, and NASA amend 48 CFR part 42 as set forth below: Effective: May 7, 2015. The Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202–501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–82, Technical Amendments. FOR FURTHER INFORMATION CONTACT: PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. In order to update certain elements in 48 CFR parts 4, 22, 39, and 52 this document makes editorial changes to the FAR. 2. Amend section 42.1502 by revising paragraph (a) to read as follows: List of Subject in 48 CFR Parts 4, 22, 39, and 52 SUPPLEMENTARY INFORMATION: 1. The authority citation for 48 CFR part 42 continues to read as follows: ■ ■ mstockstill on DSK4VPTVN1PROD with RULES2 Government procurement. Policy. (a) General. Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance evaluations are required for contracts and orders as specified in paragraphs (b) through (f) of this section, including contracts and orders performed outside the United States. These evaluations are generally for the entity, division, or unit that performed the contract or order. Past performance information shall be entered into CPARS, the Governmentwide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at http:// www.cpars.gov/. * * * * * [FR Doc. 2015–11030 Filed 5–6–15; 8:45 am] BILLING CODE 6820–EP–P VerDate Sep<11>2014 19:21 May 06, 2015 Jkt 235001 Dated: April 30, 2015. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 22, 39, and 52 as set forth below: 1. The authority citation for 48 CFR parts 4, 22, 39, and 52 continues to read as follow: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 4—ADMINISTRATIVE MATTERS 4.905 2. Amend section 4.905 by removing from paragraph (a) ‘‘provisionat’’ and adding ‘‘provision at’’ in its place. ■ PO 00000 Frm 00007 Fmt 4701 PART 39—ACQUISITION OF INFORMATION TECHNOLOGY Sfmt 4700 [Amended] 4. Amend section 39.101 by removing from paragraph (a)(1)(ii) ‘‘(EPEAT)’’ and adding ‘‘(EPEAT®)’’ in its place. ■ PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 5. Amend section 52.212–4 by revising the date of the clause and adding paragraph (v) to read as follows: ■ 52.212–4 Contract Terms and Conditions—Commercial Items. * * * * * Contract Terms and Conditions— Commercial Items (May 2015) * * * * * (v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. * * * * * 6. Amend section 52.212–5 by— a. Revising the date of the clause; b. Removing from paragraph (b)(36)(i) ‘‘(Jun 2014)+(E.O.s’’ and adding ‘‘(JUN 2014) (E.O.s’’ in its place; ■ c. Removing from paragraph (b)(36)(ii) ‘‘(ii) Alternate I’’ and adding and ‘‘ll l (ii) Alternate I’’ in its place; ■ d. Removing from paragraph (b)(39)(ii) ‘‘(ii) Alternate I’’ and adding ‘‘lll (ii) Alternate I’’ in its place; and ■ e. Revising paragraph (e)(1)(v). The revision reads as follows: ■ ■ ■ 52.212–5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. * [Amended] Administration. (a) Agencies shall cooperate with, and encourage contractors to use to the fullest extent practicable, the DOL Employment and Training Administration (DOLETA) at http:// www.doleta.gov, and its affiliated local offices in meeting contractors’ labor requirements. * * * * * * * * 39.101 SUMMARY: Dated: April 30, 2015. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. 42.1502 3. Amend section 22.102–2 by revising the first sentence of paragraph (a) to read as follows: ■ NATIONAL AERONAUTICS AND SPACE ADMINISTRATION The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). 26427 * * * * Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (May 2015) * E:\FR\FM\07MYR2.SGM * * 07MYR2 * *

Agencies

[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Rules and Regulations]
[Pages 26426-26427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11030]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 42

[FAC 2005-82; FAR Case 2014-010; Item III; Docket No. 2014-0010, 
Sequence No. 1]
RIN 9000-AM79


Federal Acquisition Regulation; Enhancements to Past Performance 
Evaluation Systems

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to accommodate the recent merger 
of the Architect-Engineer Contract Administration Support System 
(ACASS) and the Construction Contractor Appraisal Support System 
(CCASS) modules within the Contractor Performance Assessment Reporting 
System (CPARS) database.

DATES: Effective: June 8, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement 
Analyst, at 202-501-1448, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAC 2005-82, FAR Case 2014-
010.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 79 FR 54949 on September 15, 2014, to standardize the past 
performance reporting requirements under the CPARS database in FAR 
subpart 42.15. One respondent submitted comments on the proposed rule.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the public comments in the 
development of the final rule. A discussion of the comments and the 
changes made to the rule as a result of those comments are provided as 
follows:

A. Summary of Changes

    There are no changes made in the final rule as a result of the 
public comments.

B. Public Comments

1. Continue To Use ACASS
    Comment: The respondent requests that ACASS continue to be utilized 
because the ratings are more descriptive and appropriate to the design 
professionals than those in CPARS.
    Response: ACASS will not continue to be utilized since the ACASS 
module was merged into CPARS on July 1, 2014. Appendix 3 of the 
``Guidance for Contractor Performance Assessment Reporting System 
(CPARS),'' dated July 2014, provides specific instructions on 
describing the different aspects of the quality of the contractor's 
work and the contractor's management of a quality control program in 
the narrative of a CPARS evaluation for an Architect-Engineer contract 
or order. This guidance is accessible electronically at https://www.cpars.gov/cparsfiles/pdfs/CPARS-Guidance.pdf.
2. ``Overall Rating'' Added to CPARS
    Comment: The respondent requests an ``Overall Rating'' be added to 
the CPARS rating system, similar to the ACASS system.
    Response: An overall rating of contractor performance in CPARS is 
not advantageous, because the weight of the specific evaluation areas 
(quality, schedule, cost control, management, utilization of small 
business and regulatory compliance) is different for each contract 
being evaluated and each solicitation in which the offeror's past 
performance is being evaluated.
3. Interim Evaluations
    Comment: The respondent suggests that the interim evaluation in 
CPARS be superseded by the final evaluation.
    Response: The final evaluation is the last rating provided to date 
on a contract. Interim evaluations, combined with the final evaluation 
(or last evaluation to date), remain available in order to provide the 
entire picture of contractor performance under the contract for future 
source selection purposes.

C. Other Changes

    For clarity, the final rule adds a reference to the past 
performance thresholds at paragraphs (b) through (f) of section 
42.1502.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    DoD, GSA, and NASA certify that this final rule will not have a 
significant economic impact on a substantial number of small entities 
within the

[[Page 26427]]

meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because this rule removes references to the ACASS and CCASS modules 
since these modules were merged into CPARS on July 1, 2014. This action 
will standardize the past performance reporting requirements for 
architect-engineer contracts and construction contracts under the CPARS 
database. This change does not impose any new requirements on small 
entities.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subject in 48 CFR Part 42

    Government procurement.

    Dated: April 30, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 42 as set forth 
below:

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
1. The authority citation for 48 CFR part 42 continues to read as 
follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.


0
2. Amend section 42.1502 by revising paragraph (a) to read as follows:


42.1502  Policy.

    (a) General. Past performance evaluations shall be prepared at 
least annually and at the time the work under a contract or order is 
completed. Past performance evaluations are required for contracts and 
orders as specified in paragraphs (b) through (f) of this section, 
including contracts and orders performed outside the United States. 
These evaluations are generally for the entity, division, or unit that 
performed the contract or order. Past performance information shall be 
entered into CPARS, the Governmentwide evaluation reporting tool for 
all past performance reports on contracts and orders. Instructions for 
submitting evaluations into CPARS are available at http://www.cpars.gov/.
* * * * *
[FR Doc. 2015-11030 Filed 5-6-15; 8:45 am]
 BILLING CODE 6820-EP-P