Federal Acquisition Regulation: Update to Contractor Performance Assessment Reporting System (CPARS), 47865-47866 [2019-19362]

Download as PDF Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Rules and Regulations performance information. Conforming changes are also made in parts 9, 13, 15, and 25 to remove all references to PPIRS and add CPARS. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 9, 13, 15, 25, and 42 [FAC 2019–06; FAR Case 2019–005; Item III; Docket No. FAR–2019–0005, Sequence No. 1] RIN 9000–AN88 Federal Acquisition Regulation: Update to Contractor Performance Assessment Reporting System (CPARS) Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement changes regarding the retirement of the Past Performance Information Retrieval System and establishment of the Contractor Performance Assessment Reporting System as the official system for past performance information. DATES: Effective October 10, 2019. 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 Division at 202–501–4755. Please cite FAC 2019–06, FAR Case 2019–005. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKBBV9HB2PROD with RULES4 I. Background Effective January 15, 2019, the Past Performance Information Retrieval System (PPIRS) was retired, concluding its merger with the Contractor Performance Assessment Reporting System (CPARS). All data from PPIRS has been merged into CPARS.gov. The transition to a single system provides one location and one account to perform functions such as creating and editing performance and integrity records, changes to administering users, running reports, generating performance records, and viewing/managing performance records. II. Discussion and Analysis This final rule amends FAR 42.1501 and 42.1503, to establish CPARS as the official system for contractor past VerDate Sep<11>2014 17:39 Sep 09, 2019 Jkt 247001 III. Applicability to Contracts at or Below the Simplified Acquisition Threshold (SAT) and for Commercial Items, Including Commercially Available Off-the-Shelf (COTS) Items This final rule does not create any new provisions or clauses, nor does it change the applicability or burden of any existing provisions or clauses included in solicitations and contracts valued at or below the SAT, or for commercial items, including COTS items. IV. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the FAR is the Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure, or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. While this final rule relates to the expenditure of appropriated funds, it is not required to be published for public comment because it does not have a significant effect on contractors or offerors (i.e., this action is administrative—it does not require contractors to take any action, affect the way in which contractors retrieve or provide information regarding their performance, or otherwise change policies addressing the assessment or recording of contractor performance). The rule merely reflects the merger of PPIRS into an existing system, CPARS, which now serves as the single official repository for recording and maintaining contractor performance information. V. 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 47865 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. VI. Executive Order 13771 This rule is not subject to E.O. 13771, because this rule is not a significant regulatory action under E.O. 12866. VII. Regulatory Flexibility Act Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section IV of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. VIII. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 9000–0142, Past Performance Information. List of Subjects in 48 CFR Parts 9, 13, 15, 25, and 42 Government procurement. William F. 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 9, 13, 15, 25, and 42 as set forth below: ■ 1. The authority citation for parts 9, 13, 15, 25, and 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. PART 9—CONTRACTOR QUALIFICATIONS 9.104–6 [Amended] 2. Amend section 9.104–6, in paragraph (a)(1), by removing ‘‘www.ppirs.gov, then select FAPIIS’’ and ‘‘Past Performance Information Retrieval System (PPIRS)’’ and adding ‘‘https://www.cpars.gov’’ and ‘‘Contractor Performance Assessment Reporting System (CPARS)’’ in their places, respectively. ■ E:\FR\FM\10SER4.SGM 10SER4 47866 9.105–1 Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Rules and Regulations [Amended] 3. Amend section 9.105–1, in paragraph (c) introductory text, by removing ‘‘PPIRS’’ and adding ‘‘CPARS’’ in its place. ■ 9.105–2 [Amended] 4. Amend section 9.105–2, in paragraph (b)(2)(i) introductory text, by removing ‘‘www.cpars.gov, then select FAPIIS’’ and adding ‘‘https:// www.cpars.gov’’ in its place. ■ PART 13—SIMPLIFIED ACQUISITION PROCEDURES 13.106–2 [Amended] 5. Amend section 13.106–2, in paragraph (b)(3)(ii)(C) by removing ‘‘Governmentwide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov’’ and adding ‘‘Contractor Performance Assessment Reporting System (CPARS) at https:// www.cpars.gov’’ in its place. ■ PART 15—CONTRACTING BY NEGOTIATION 15.407–1 [Amended] 6. Amend section 15.407–1, in paragraph (d) introductory text, by removing ‘‘PPIRS’’ and adding ‘‘Contractor Performance Assessment Reporting System (CPARS)’’ in its place. ■ PART 25—FOREIGN ACQUISITION 25.702–4 [Amended] 7. Amend section 25.702–4, in paragraph (c)(3)(vi), by removing ‘‘Past Performance Information Retrieval System’’ and ‘‘www.ppirs.gov’’ and adding ‘‘Contractor Performance Assessment Reporting System (CPARS)’’ and ‘‘https://www.cpars.gov’’ in their places, respectively. ■ 25.703–4 [Amended] 8. Amend section 25.703–4, in paragraph (c)(6), by removing ‘‘Past Performance Information Retrieval System’’ and ‘‘www.ppirs.gov’’ and adding ‘‘Contractor Performance Assessment Reporting System (CPARS)’’ and ‘‘https://www.cpars.gov’’ in their places, respectively. ■ DEPARTMENT OF DEFENSE ■ 10. Amend section 42.1503 by— a. Removing from paragraph (a)(1)(iii) ‘‘PPIRS’’ and adding ‘‘CPARS’’ in its place; ■ b. Revising paragraph (f); ■ c. Removing from paragraph (g) ‘‘PPIRS’’ and adding ‘‘CPARS’’ in its place; and ■ d. Removing from paragraph (h)(3) ‘‘https://www.cpars.gov/, then select FAPIIS’’ and adding ‘‘https:// www.cpars.gov’’ in its place. The revision reads as follows: 48 CFR Parts 22, 25, and 52 ■ [FAC 2019–06; FAR Case 2019–011; Item IV; Docket No. FAR–2019–0011; Sequence No. 1] 42.1503 Procedures. * * * * * (f) Agencies shall prepare and submit all past performance evaluations electronically in CPARS at https:// www.cpars.gov. These evaluations, including any contractor-submitted information (with indication whether agency review is pending), become available for source selection officials not later than 14 days after the date on which the contractor is notified of the evaluation’s availability for comment. The Government shall update CPARS with any contractor comments provided after 14 days, as well as any subsequent agency review of comments received. Past performance evaluations for classified contracts and special access programs shall not be reported in CPARS, but will be reported as stated in this subpart and in accordance with agency procedures. Agencies shall ensure that appropriate management and technical controls are in place to ensure that only authorized personnel have access to the data and the information safeguarded in accordance with 42.1503(d). * * * * * [FR Doc. 2019–19362 Filed 9–9–19; 8:45 am] BILLING CODE 6820–EP–P PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES khammond on DSKBBV9HB2PROD with RULES4 and use the Contractor Performance Assessment Reporting System (CPARS) metric tools to measure the quality and timely reporting of past performance information. CPARS is the official source for past performance information. 9. Amend section 42.1501 by revising paragraph (b) to read as follows: ■ 42.1501 General. * * * * * (b) Agencies shall monitor their compliance with the past performance evaluation requirements (see 42.1502), VerDate Sep<11>2014 17:39 Sep 09, 2019 Jkt 247001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION RIN 9000–AN93 Federal Acquisition Regulation: New World Trade Organization Government Procurement Agreement Country— Australia Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to add Australia as a World Trade Organization Government Procurement Agreement (WTO GPA) country. DATES: Effective: October 10, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement Analyst, at 202–219–0202 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755. Please cite FAC 2019– 06, FAR Case 2019–011. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background On May 5, 2019, Australia became a party to the World Trade Organization Government Procurement Agreement (WTO GPA). The Trade Agreements Act (19 U.S.C. 2501 et seq.) provides the authority for the President to waive the Buy American Act and other discriminatory provisions for eligible products from countries that have signed an international trade agreement with the United States (such as the WTO GPA). The President has delegated this authority to the U.S. Trade Representative. The U.S. Trade Representative has determined that Australia will provide appropriate reciprocal competitive Government procurement opportunities to United States products and services. The U.S. Trade Representative published a notice in the Federal Register (84 FR 18110, April 29, 2019) waiving the Buy American Act and other discriminatory provisions for eligible products from Australia. E:\FR\FM\10SER4.SGM 10SER4

Agencies

[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47865-47866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19362]



[[Page 47865]]

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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 9, 13, 15, 25, and 42

[FAC 2019-06; FAR Case 2019-005; Item III; Docket No. FAR-2019-0005, 
Sequence No. 1]
RIN 9000-AN88


Federal Acquisition Regulation: Update to Contractor Performance 
Assessment Reporting System (CPARS)

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 implement changes regarding the 
retirement of the Past Performance Information Retrieval System and 
establishment of the Contractor Performance Assessment Reporting System 
as the official system for past performance information.

DATES: Effective October 10, 2019.

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 Division at 202-501-4755. Please cite FAC 2019-06, FAR Case 
2019-005.

SUPPLEMENTARY INFORMATION:

I. Background

    Effective January 15, 2019, the Past Performance Information 
Retrieval System (PPIRS) was retired, concluding its merger with the 
Contractor Performance Assessment Reporting System (CPARS). All data 
from PPIRS has been merged into CPARS.gov. The transition to a single 
system provides one location and one account to perform functions such 
as creating and editing performance and integrity records, changes to 
administering users, running reports, generating performance records, 
and viewing/managing performance records.

II. Discussion and Analysis

    This final rule amends FAR 42.1501 and 42.1503, to establish CPARS 
as the official system for contractor past performance information. 
Conforming changes are also made in parts 9, 13, 15, and 25 to remove 
all references to PPIRS and add CPARS.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Items, Including Commercially 
Available Off-the-Shelf (COTS) Items

    This final rule does not create any new provisions or clauses, nor 
does it change the applicability or burden of any existing provisions 
or clauses included in solicitations and contracts valued at or below 
the SAT, or for commercial items, including COTS items.

IV. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the FAR is the 
Office of Federal Procurement Policy statute (codified at title 41 of 
the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires 
that a procurement policy, regulation, procedure, or form (including an 
amendment or modification thereof) must be published for public comment 
if it relates to the expenditure of appropriated funds, and has either 
a significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
While this final rule relates to the expenditure of appropriated funds, 
it is not required to be published for public comment because it does 
not have a significant effect on contractors or offerors (i.e., this 
action is administrative--it does not require contractors to take any 
action, affect the way in which contractors retrieve or provide 
information regarding their performance, or otherwise change policies 
addressing the assessment or recording of contractor performance). The 
rule merely reflects the merger of PPIRS into an existing system, 
CPARS, which now serves as the single official repository for recording 
and maintaining contractor performance information.

V. 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.

VI. Executive Order 13771

    This rule is not subject to E.O. 13771, because this rule is not a 
significant regulatory action under E.O. 12866.

VII. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section IV of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required and none has been prepared.

VIII. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; 
however, these changes to the FAR do not impose additional information 
collection requirements to the paperwork burden previously approved 
under OMB Control Number 9000-0142, Past Performance Information.

List of Subjects in 48 CFR Parts 9, 13, 15, 25, and 42

    Government procurement.

William F. 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 9, 13, 15, 25, and 
42 as set forth below:

0
1. The authority citation for parts 9, 13, 15, 25, and 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.

PART 9--CONTRACTOR QUALIFICATIONS


9.104-6   [Amended]

0
2. Amend section 9.104-6, in paragraph (a)(1), by removing 
``www.ppirs.gov, then select FAPIIS'' and ``Past Performance 
Information Retrieval System (PPIRS)'' and adding ``https://www.cpars.gov'' and ``Contractor Performance Assessment Reporting 
System (CPARS)'' in their places, respectively.

[[Page 47866]]

9.105-1   [Amended]

0
3. Amend section 9.105-1, in paragraph (c) introductory text, by 
removing ``PPIRS'' and adding ``CPARS'' in its place.


9.105-2   [Amended]

0
4. Amend section 9.105-2, in paragraph (b)(2)(i) introductory text, by 
removing ``www.cpars.gov, then select FAPIIS'' and adding ``https://www.cpars.gov'' in its place.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.106-2   [Amended]

0
5. Amend section 13.106-2, in paragraph (b)(3)(ii)(C) by removing 
``Governmentwide Past Performance Information Retrieval System (PPIRS) 
at www.ppirs.gov'' and adding ``Contractor Performance Assessment 
Reporting System (CPARS) at https://www.cpars.gov'' in its place.

PART 15--CONTRACTING BY NEGOTIATION


15.407-1   [Amended]

0
6. Amend section 15.407-1, in paragraph (d) introductory text, by 
removing ``PPIRS'' and adding ``Contractor Performance Assessment 
Reporting System (CPARS)'' in its place.

PART 25--FOREIGN ACQUISITION


25.702-4   [Amended]

0
7. Amend section 25.702-4, in paragraph (c)(3)(vi), by removing ``Past 
Performance Information Retrieval System'' and ``www.ppirs.gov'' and 
adding ``Contractor Performance Assessment Reporting System (CPARS)'' 
and ``https://www.cpars.gov'' in their places, respectively.


25.703-4   [Amended]

0
8. Amend section 25.703-4, in paragraph (c)(6), by removing ``Past 
Performance Information Retrieval System'' and ``www.ppirs.gov'' and 
adding ``Contractor Performance Assessment Reporting System (CPARS)'' 
and ``https://www.cpars.gov'' in their places, respectively.

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
9. Amend section 42.1501 by revising paragraph (b) to read as follows:


42.1501   General.

* * * * *
    (b) Agencies shall monitor their compliance with the past 
performance evaluation requirements (see 42.1502), and use the 
Contractor Performance Assessment Reporting System (CPARS) metric tools 
to measure the quality and timely reporting of past performance 
information. CPARS is the official source for past performance 
information.

0
10. Amend section 42.1503 by--
0
a. Removing from paragraph (a)(1)(iii) ``PPIRS'' and adding ``CPARS'' 
in its place;
0
b. Revising paragraph (f);
0
c. Removing from paragraph (g) ``PPIRS'' and adding ``CPARS'' in its 
place; and
0
d. Removing from paragraph (h)(3) ``https://www.cpars.gov/, then select 
FAPIIS'' and adding ``https://www.cpars.gov'' in its place.
    The revision reads as follows:


42.1503   Procedures.

* * * * *
    (f) Agencies shall prepare and submit all past performance 
evaluations electronically in CPARS at https://www.cpars.gov. These 
evaluations, including any contractor-submitted information (with 
indication whether agency review is pending), become available for 
source selection officials not later than 14 days after the date on 
which the contractor is notified of the evaluation's availability for 
comment. The Government shall update CPARS with any contractor comments 
provided after 14 days, as well as any subsequent agency review of 
comments received. Past performance evaluations for classified 
contracts and special access programs shall not be reported in CPARS, 
but will be reported as stated in this subpart and in accordance with 
agency procedures. Agencies shall ensure that appropriate management 
and technical controls are in place to ensure that only authorized 
personnel have access to the data and the information safeguarded in 
accordance with 42.1503(d).
* * * * *
[FR Doc. 2019-19362 Filed 9-9-19; 8:45 am]
 BILLING CODE 6820-EP-P

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