80 FR 26426 - Federal Acquisition Regulation; Enhancements to Past Performance Evaluation Systems
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 80, Issue 88 (May 7, 2015)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 80, Issue 88 (May 7, 2015)
| Page Range | 26426-26427 | |
| FR Document | 2015-11030 |
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)] [Rules and Regulations] [Pages 26426-26427] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11030] ----------------------------------------------------------------------- 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
![26426 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations
(h) Review and justification of pass- ACTION: Final rule. CPARS evaluation for an Architect-
through contracts. (1) The requirements Engineer contract or order. This
of this paragraph (h) are applicable to all SUMMARY: DoD, GSA, and NASA are guidance is accessible electronically at
agencies. The requirements apply by issuing a final rule amending the https://www.cpars.gov/cparsfiles/pdfs/
law to the Department of Defense, the Federal Acquisition Regulation (FAR) to CPARS-Guidance.pdf.
Department of State, and the United accommodate the recent merger of the
Architect-Engineer Contract 2. ‘‘Overall Rating’’ Added to CPARS
States Agency for International
Development, per section 802 of the Administration Support System Comment: The respondent requests an
National Defense Authorization Act (ACASS) and the Construction ‘‘Overall Rating’’ be added to the CPARS
(NDAA) for Fiscal Year 2013. The Contractor Appraisal Support System rating system, similar to the ACASS
requirements apply as a matter of policy (CCASS) modules within the Contractor system.
to other Federal agencies. Performance Assessment Reporting Response: An overall rating of
(2) Except as provided in paragraph System (CPARS) database. contractor performance in CPARS is not
(h)(3) of this section, when an offeror for DATES: Effective: June 8, 2015. advantageous, because the weight of the
a contract or a task or delivery order FOR FURTHER INFORMATION CONTACT: Mr. specific evaluation areas (quality,
informs the contracting officer pursuant Curtis E. Glover, Sr., Procurement schedule, cost control, management,
to 52.215–22 that it intends to award Analyst, at 202–501–1448, for utilization of small business and
subcontracts for more than 70 percent of clarification of content. For information regulatory compliance) is different for
the total cost of work to be performed pertaining to status or publication each contract being evaluated and each
under the contract, task or delivery schedules, contact the Regulatory solicitation in which the offeror’s past
order, the contracting officer shall— Secretariat at 202–501–4755. Please cite performance is being evaluated.
(i) Consider the availability of FAC 2005–82, FAR Case 2014–010. 3. Interim Evaluations
alternative contract vehicles and the SUPPLEMENTARY INFORMATION:
feasibility of contracting directly with a Comment: The respondent suggests
subcontractor or subcontractors that will I. Background that the interim evaluation in CPARS be
perform the bulk of the work. If such DoD, GSA, and NASA published a superseded by the final evaluation.
alternative approaches are selected, any Response: The final evaluation is the
proposed rule in the Federal Register at
resulting solicitations shall be issued in last rating provided to date on a
79 FR 54949 on September 15, 2014, to
accordance with the competition contract. Interim evaluations, combined
standardize the past performance
requirements under FAR part 6; with the final evaluation (or last
reporting requirements under the
(ii) Make a written determination that evaluation to date), remain available in
CPARS database in FAR subpart 42.15.
the contracting approach selected is in order to provide the entire picture of
One respondent submitted comments on
the best interest of the Government; and contractor performance under the
the proposed rule.
(iii) Document the basis for such contract for future source selection
determination. II. Discussion and Analysis purposes.
(3) Contract actions awarded pursuant The Civilian Agency Acquisition C. Other Changes
to subparts 19.5, 19.8, 19.13, 19.14, or Council and the Defense Acquisition
For clarity, the final rule adds a
19.15 are exempt from the requirements Regulations Council (the Councils)
reference to the past performance
of this paragraph (h) (see section 1615 reviewed the public comments in the
thresholds at paragraphs (b) through (f)
of the National Defense Authorization development of the final rule. A
of section 42.1502.
Act for Fiscal Year 2014 (Pub. L. 113– discussion of the comments and the
66)). changes made to the rule as a result of III. Executive Orders 12866 and 13563
[FR Doc. 2015–11029 Filed 5–6–15; 8:45 am] those comments are provided as Executive Orders (E.O.s) 12866 and
BILLING CODE 6820–EP–P
follows: 13563 direct agencies to assess all costs
A. Summary of Changes and benefits of available regulatory
alternatives and, if regulation is
DEPARTMENT OF DEFENSE There are no changes made in the
necessary, to select regulatory
final rule as a result of the public
approaches that maximize net benefits
GENERAL SERVICES comments.
(including potential economic,
ADMINISTRATION B. Public Comments environmental, public health and safety
effects, distributive impacts, and
NATIONAL AERONAUTICS AND 1. Continue To Use ACASS
equity). E.O. 13563 emphasizes the
SPACE ADMINISTRATION Comment: The respondent requests importance of quantifying both costs
that ACASS continue to be utilized and benefits, of reducing costs, of
48 CFR Part 42 because the ratings are more descriptive harmonizing rules, and of promoting
[FAC 2005–82; FAR Case 2014–010; Item and appropriate to the design flexibility. This is not a significant
III; Docket No. 2014–0010, Sequence No. professionals than those in CPARS. regulatory action and, therefore, was not
1] Response: ACASS will not continue subject to review under Section 6(b) of
to be utilized since the ACASS module E.O. 12866, Regulatory Planning and
RIN 9000–AM79 was merged into CPARS on July 1, 2014. Review, dated September 30, 1993. This
Appendix 3 of the ‘‘Guidance for rule is not a major rule under 5 U.S.C.
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Federal Acquisition Regulation;
Enhancements to Past Performance Contractor Performance Assessment 804.
Evaluation Systems Reporting System (CPARS),’’ dated July
2014, provides specific instructions on IV. Regulatory Flexibility Act
AGENCY: Department of Defense (DoD), describing the different aspects of the DoD, GSA, and NASA certify that this
General Services Administration (GSA), quality of the contractor’s work and the final rule will not have a significant
and National Aeronautics and Space contractor’s management of a quality economic impact on a substantial
Administration (NASA). control program in the narrative of a number of small entities within the
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![Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 26427
meaning of the Regulatory Flexibility DEPARTMENT OF DEFENSE PART 22—APPLICATION OF LABOR
Act, 5 U.S.C. 601, et seq., because this LAWS TO GOVERNMENT
rule removes references to the ACASS GENERAL SERVICES ACQUISITIONS
and CCASS modules since these ADMINISTRATION
modules were merged into CPARS on ■ 3. Amend section 22.102–2 by
July 1, 2014. This action will NATIONAL AERONAUTICS AND revising the first sentence of paragraph
standardize the past performance SPACE ADMINISTRATION (a) to read as follows:
reporting requirements for architect-
22.102–2 Administration.
engineer contracts and construction 48 CFR Parts 4, 22, 39, and 52
contracts under the CPARS database. (a) Agencies shall cooperate with, and
This change does not impose any new encourage contractors to use to the
requirements on small entities. [FAC 2005–82; Item IV; Docket No. 2015– fullest extent practicable, the DOL
0052; Sequence No. 1] Employment and Training
V. Paperwork Reduction Act Administration (DOLETA) at http://
Federal Acquisition Regulation; www.doleta.gov, and its affiliated local
The rule does not contain any Technical Amendments offices in meeting contractors’ labor
information collection requirements that
requirements. * * *
require the approval of the Office of AGENCY: Department of Defense (DoD),
Management and Budget under the * * * * *
General Services Administration (GSA),
Paperwork Reduction Act (44 U.S.C. and National Aeronautics and Space PART 39—ACQUISITION OF
chapter 35). Administration (NASA). INFORMATION TECHNOLOGY
List of Subject in 48 CFR Part 42 ACTION: Final rule. 39.101 [Amended]
Government procurement. ■ 4. Amend section 39.101 by removing
SUMMARY: This document makes
Dated: April 30, 2015. from paragraph (a)(1)(ii) ‘‘(EPEAT)’’ and
amendments to the Federal Acquisition
William Clark, adding ‘‘(EPEAT®)’’ in its place.
Regulation (FAR) in order to make
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
editorial changes. PART 52—SOLICITATION PROVISIONS
Policy, Office of Government-wide Policy. DATES: Effective: May 7, 2015. AND CONTRACT CLAUSES
Therefore, DoD, GSA, and NASA FOR FURTHER INFORMATION CONTACT: The ■ 5. Amend section 52.212–4 by
amend 48 CFR part 42 as set forth Regulatory Secretariat Division (MVCB), revising the date of the clause and
below: 1800 F Street NW., 2nd Floor, adding paragraph (v) to read as follows:
Washington, DC 20405, 202–501–4755,
PART 42—CONTRACT 52.212–4 Contract Terms and
for information pertaining to status or Conditions—Commercial Items.
ADMINISTRATION AND AUDIT publication schedules. Please cite FAC
SERVICES * * * * *
2005–82, Technical Amendments.
Contract Terms and Conditions—
■ 1. The authority citation for 48 CFR SUPPLEMENTARY INFORMATION: In order to Commercial Items (May 2015)
part 42 continues to read as follows: update certain elements in 48 CFR parts
* * * * *
Authority: 40 U.S.C. 121(c); 10 U.S.C.
4, 22, 39, and 52 this document makes (v) Incorporation by reference. The
chapter 137; and 51 U.S.C. 20113. editorial changes to the FAR. Contractor’s representations and
certifications, including those completed
■ 2. Amend section 42.1502 by revising List of Subject in 48 CFR Parts 4, 22, 39,
electronically via the System for Award
paragraph (a) to read as follows: and 52 Management (SAM), are incorporated by
reference into the contract.
42.1502 Policy. Government procurement.
* * * * *
(a) General. Past performance Dated: April 30, 2015.
■ 6. Amend section 52.212–5 by—
evaluations shall be prepared at least William Clark, ■ a. Revising the date of the clause;
annually and at the time the work under Director, Office of Government-wide ■ b. Removing from paragraph (b)(36)(i)
a contract or order is completed. Past Acquisition Policy, Office of Acquisition ‘‘(Jun 2014)+(E.O.s’’ and adding ‘‘(JUN
performance evaluations are required Policy, Office of Government-wide Policy. 2014) (E.O.s’’ in its place;
for contracts and orders as specified in ■ c. Removing from paragraph (b)(36)(ii)
paragraphs (b) through (f) of this Therefore, DoD, GSA, and NASA
‘‘(ii) Alternate I’’ and adding and ‘‘ll
section, including contracts and orders amend 48 CFR parts 4, 22, 39, and 52
l (ii) Alternate I’’ in its place;
performed outside the United States. as set forth below:
■ d. Removing from paragraph (b)(39)(ii)
These evaluations are generally for the ■ 1. The authority citation for 48 CFR ‘‘(ii) Alternate I’’ and adding ‘‘lll (ii)
entity, division, or unit that performed parts 4, 22, 39, and 52 continues to read Alternate I’’ in its place; and
the contract or order. Past performance as follow: ■ e. Revising paragraph (e)(1)(v).
information shall be entered into The revision reads as follows:
CPARS, the Governmentwide evaluation Authority: 40 U.S.C. 121(c); 10 U.S.C.
reporting tool for all past performance chapter 137; and 51 U.S.C. 20113. 52.212–5 Contract Terms and Conditions
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reports on contracts and orders. Required to Implement Statutes or
Instructions for submitting evaluations PART 4—ADMINISTRATIVE MATTERS Executive Orders—Commercial Items.
into CPARS are available at http:// * * * * *
4.905 [Amended]
www.cpars.gov/. Contract Terms and Conditions Required to
* * * * * ■ 2. Amend section 4.905 by removing Implement Statutes or Executive Orders—
[FR Doc. 2015–11030 Filed 5–6–15; 8:45 am] from paragraph (a) ‘‘provisionat’’ and Commercial Items (May 2015)
BILLING CODE 6820–EP–P adding ‘‘provision at’’ in its place. * * * * *
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Document Created: 2015-12-16 07:50:14
Document Modified: 2015-12-16 07:50:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective: June 8, 2015. | |
| 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. | |
| FR Citation | 80 FR 26426 | |
| RIN Number | 9000-AM79 |
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