80 FR 30117 - Defense Federal Acquisition Regulation Supplement: Past Performance Information Retrieval System-Statistical Reporting (PPIRS-SR) (DFARS Case 2014-D015)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 80, Issue 100 (May 26, 2015)
Defense Acquisition Regulations System
Federal Register Volume 80, Issue 100 (May 26, 2015)
| Page Range | 30117-30118 | |
| FR Document | 2015-12339 |
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)] [Rules and Regulations] [Pages 30117-30118] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12339] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 212, 213, and 252 RIN 0750-AI40 Defense Federal Acquisition Regulation Supplement: Past Performance Information Retrieval System--Statistical Reporting (PPIRS- SR) (DFARS Case 2014-D015) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require contracting officers to consider information in the Statistical Reporting module of the Past Performance Information Retrieval System when evaluating past performance of offerors under competitive solicitations for supplies using simplified acquisition procedures. DATES: Effective May 26, 2015. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Hawes, telephone 571-372- 6115. SUPPLEMENTARY INFORMATION: I. Background DoD published a proposed rule in the Federal Register at 80 FR 4848 on January 29, 2015, to revise the DFARS to add a new provision at DFARS 252.213-7000, Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations, for use in competitive solicitations for supplies using FAR part 13 simplified acquisition procedures, including those for acquisitions valued at less than or equal to $1 million under FAR 13.5. One respondent submitted a public comment in response to the proposed rule. II. Discussion and Analysis DoD reviewed the public comment in the development of the final rule. A discussion of the comment and the changes made to the rule is provided below: A. Analysis of Public Comment Comment: A respondent commented that streamlining a formal and systematic process will improve the opportunities for small businesses and reduce bias in the award of Government contracts. Response: No changes were made a result of this comment. B. Other Changes The final rule includes a clarification in the prescription at DFARS 213.106-2-70 that the provision is applicable for use in competitive solicitations using FAR part 12 procedures for the acquisition of commercial items. A minor editorial change is also made at 212.301(f)(v) to address the reference to the DFARS provision 252.213-7000, Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations, in the same manner as the other content of this section. 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 A final regulatory flexibility analysis has been prepared consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., and is summarized as follows: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to require contracting officers to consider information available in Past Performance Information Retrieval System- Statistical Reporting (PPIRS-SR) when evaluating the past performance of offerors under competitive solicitations for supplies using FAR part 13 simplified acquisition procedures (including acquisitions under the authority of FAR subpart 13.5 valued at less than or equal to $1 million). This rule will help fill the gap between the higher DoD threshold for the collection and evaluation of past performance information and the thresholds at FAR 15.304(c)(3)(i). PPIRS-SR collects quantifiable delivery and quality data from existing systems and uses that data to classify each supplier's performance by Federal supply class and product service code. Contracting officers will use this objective data to help make better-informed best value award decisions for supply contracts valued at less than or equal to $1 million. No comments were received from the public regarding the initial regulatory flexibility analysis. This rule will apply to small businesses submitting offers on competitive solicitations for supplies issued using simplified acquisition procedures valued at less than $1 million. According to a report generated in the Federal Procurement Data System, in fiscal year 2013, DoD made 15,258 new competitive awards for commercial supplies valued at less than or equal to $1 million to 4,018 unique small businesses. The rule creates no new reporting, recordkeeping, or other compliance requirements. There are no known significant alternatives to the rule. The impact of this rule on small business is not expected to be significant. 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). [[Page 30118]] List of Subjects in 48 CFR Part 212, 213, and 252 Government procurement. Amy G. Williams, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 212, 213, and 252 are amended as follows: 0 1. The authority citation for 48 CFR parts 212, 213, and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 212--ACQUISITION OF COMMERCIAL ITEMS 0 2. In section 212.301, redesignate paragraphs (f)(v) through (xviii) as paragraphs (f)(vi) through (xix), respectively, and add a new paragraph (f)(v) to read as follows: 212.301 Solicitation provisions and contract clauses for the acquisition of commercial items. (f) * * * (v) Part 213--Simplified Acquisition Procedures. Use the provision at 252.213-7000, Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations, as prescribed in 213.106-2-70. * * * * * PART 213--SIMPLIFED ACQUISITION PROCEDURES 0 3. Add sections 213.106-2 and 213.106-2-70 to subpart 213.1 to read as follows: 213.106-2 Evaluation of quotations or offers. (b)(i) For competitive solicitations for supplies using FAR part 13 simplified acquisition procedures, including acquisitions valued at less than or equal to $1 million under the authority at FAR subpart 13.5, the contracting officer shall-- (A) Consider data available in the statistical reporting module of the Past Performance Information Retrieval System (PPIRS-SR) regarding the supplier's past performance history for the Federal supply class (FSC) and product or service code (PSC) of the supplies being purchased. Procedures for the use of PPIRS-SR in the evaluation of quotations or offers are provided in the PPIRS-SR User's Manual available under the references section of the PPIRS Web site at www.ppirs.gov; (B) Ensure the basis for award includes an evaluation of each supplier's past performance history in PPIRS-SR for the FSC and PSC of the supplies being purchased; and (C) In the case of a supplier without a record of relevant past performance history in PPIRS-SR for the FSC or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history. 213.106-2-70 Solicitation provision. Use the provision at 252.213-7000, Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System-- Statistical Reporting in Past Performance Evaluations, in competitive solicitations for supplies when using FAR part 13 simplified acquisition procedures, including competitive solicitations using FAR part 12 procedures for the acquisition of commercial items and acquisitions valued at less than or equal to $1 million under the authority at FAR subpart 13.5. PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 4. Add new section 252.213-7000 to read as follows: 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations. As prescribed in 213.106-2-70, use the following provision: Notice to Prospective Suppliers on Use of Past Peformance Information Retrieval System--Statistical Reporting in Past Performance Evaluations (May 2015) (a) The Past Performance Information Retrieval System-- Statistical Reporting (PPIRS-SR) application (http://www.ppirs.gov/) will be used in the evaluation of suppliers' past performance in accordance with DFARS 213.106-2(b)(i). (b) PPIRS-SR collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier's performance history by Federal supply class (FSC) and product or service code (PSC). The PPIRS-SR application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased. (c) The quality and delivery classifications identified for a supplier in PPIRS-SR will be used by the contracting officer to evaluate a supplier's past performance in conjunction with the supplier's references (if requested) and other provisions of this solicitation under the past performance evaluation factor. The Government reserves the right to award to the supplier whose quotation or offer represents the best value to the Government. (d) PPIRS-SR classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the PPIRS-SR User's Manual found at https://www.ppirs.gov/ppirsfiles/pdf/PPIRS-SR_UserMan.pdf. Contractors are granted access to PPIRS-SR for their own classifications only. Suppliers are encouraged to review their own classifications, the PPIRS-SR reporting procedures and classification methodology detailed in the PPIRS-SR User's Manual, and PPIRS-SR Evaluation Criteria available from the references at http://www.ppirs.gov/ppirsfiles/reference.htm. The method to challenge a rating generated by PPIRS- SR is provided in the User's Manual. (End of provision) [FR Doc. 2015-12339 Filed 5-22-15; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 30117
(b) The Offeror acknowledges by 252.213–7000, Notice to Prospective IV. Regulatory Flexibility Act
submission of its offer that by acceptance of Suppliers on the Use of Past
the contract resulting from this solicitation, Performance Information Retrieval A final regulatory flexibility analysis
the Offeror may exceed the applicable small System—Statistical Reporting in Past has been prepared consistent with the
business size standard of the North American Regulatory Flexibility Act, 5 U.S.C. 601,
Industry Classification System (NAICS) code
Performance Evaluations, for use in
competitive solicitations for supplies et seq., and is summarized as follows:
assigned to the contract and would no longer
qualify as a small business concern for that using FAR part 13 simplified This rule amends the Defense Federal
NAICS code. (Small business size standards acquisition procedures, including those Acquisition Regulation Supplement
matched to industry NAICS codes are for acquisitions valued at less than or (DFARS) to require contracting officers
published by the Small Business equal to $1 million under FAR 13.5. to consider information available in Past
Administration and are available at http:// One respondent submitted a public
www.sba.gov/content/table-small-business- Performance Information Retrieval
comment in response to the proposed System-Statistical Reporting (PPIRS–SR)
size-standards.) The Offeror is therefore rule.
encouraged to develop the capabilities and when evaluating the past performance
characteristics typically desired in II. Discussion and Analysis of offerors under competitive
contractors that are competitive as other- solicitations for supplies using FAR part
than-small contractors in this industry. DoD reviewed the public comment in
the development of the final rule. A 13 simplified acquisition procedures
(c) For procurement technical assistance,
the Offeror may contact the nearest discussion of the comment and the (including acquisitions under the
Procurement Technical Assistance Center changes made to the rule is provided authority of FAR subpart 13.5 valued at
(PTAC). PTAC locations are available at below: less than or equal to $1 million).
www.dla.mil/SmallBusiness/Pages/ This rule will help fill the gap
ptac.aspx. A. Analysis of Public Comment
between the higher DoD threshold for
Comment: A respondent commented the collection and evaluation of past
(End of provision)
that streamlining a formal and performance information and the
[FR Doc. 2015–12338 Filed 5–22–15; 8:45 am] systematic process will improve the
thresholds at FAR 15.304(c)(3)(i).
BILLING CODE 5001–06–P opportunities for small businesses and
PPIRS–SR collects quantifiable delivery
reduce bias in the award of Government
contracts. and quality data from existing systems
DEPARTMENT OF DEFENSE Response: No changes were made a and uses that data to classify each
result of this comment. supplier’s performance by Federal
Defense Acquisition Regulations supply class and product service code.
System B. Other Changes Contracting officers will use this
The final rule includes a clarification objective data to help make better-
48 CFR Parts 212, 213, and 252 in the prescription at DFARS 213.106– informed best value award decisions for
RIN 0750–AI40 2–70 that the provision is applicable for supply contracts valued at less than or
use in competitive solicitations using equal to $1 million.
Defense Federal Acquisition FAR part 12 procedures for the
No comments were received from the
Regulation Supplement: Past acquisition of commercial items. A
Performance Information Retrieval public regarding the initial regulatory
minor editorial change is also made at
System—Statistical Reporting (PPIRS– 212.301(f)(v) to address the reference to flexibility analysis.
SR) (DFARS Case 2014–D015) the DFARS provision 252.213–7000, This rule will apply to small
Notice to Prospective Suppliers on Use businesses submitting offers on
AGENCY: Defense Acquisition
of Past Performance Information competitive solicitations for supplies
Regulations System, Department of
Retrieval System—Statistical Reporting issued using simplified acquisition
Defense (DoD).
in Past Performance Evaluations, in the procedures valued at less than $1
ACTION: Final rule. same manner as the other content of this million. According to a report generated
SUMMARY: DoD is issuing a final rule section. in the Federal Procurement Data
amending the Defense Federal III. Executive Orders 12866 and 13563 System, in fiscal year 2013, DoD made
Acquisition Regulation Supplement 15,258 new competitive awards for
Executive Orders (E.O.s) 12866 and commercial supplies valued at less than
(DFARS) to require contracting officers
13563 direct agencies to assess all costs
to consider information in the Statistical or equal to $1 million to 4,018 unique
and benefits of available regulatory
Reporting module of the Past small businesses.
alternatives and, if regulation is
Performance Information Retrieval The rule creates no new reporting,
necessary, to select regulatory
System when evaluating past recordkeeping, or other compliance
approaches that maximize net benefits
performance of offerors under requirements. There are no known
(including potential economic,
competitive solicitations for supplies significant alternatives to the rule. The
environmental, public health and safety
using simplified acquisition procedures.
effects, distributive impacts, and impact of this rule on small business is
DATES: Effective May 26, 2015. equity). E.O. 13563 emphasizes the not expected to be significant.
FOR FURTHER INFORMATION CONTACT: Ms. importance of quantifying both costs
Jennifer Hawes, telephone 571–372– and benefits, of reducing costs, of V. Paperwork Reduction Act
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6115. harmonizing rules, and of promoting The rule does not contain any
SUPPLEMENTARY INFORMATION: flexibility. This is not a significant information collection requirements that
regulatory action and, therefore, was not require the approval of the Office of
I. Background subject to review under section 6(b) of Management and Budget under the
DoD published a proposed rule in the E.O. 12866, Regulatory Planning and
Paperwork Reduction Act (44 U.S.C.
Federal Register at 80 FR 4848 on Review, dated September 30, 1993. This
chapter 35).
January 29, 2015, to revise the DFARS rule is not a major rule under 5 U.S.C.
to add a new provision at DFARS 804.
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![30118 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
List of Subjects in 48 CFR Part 212, 213, (A) Consider data available in the Notice to Prospective Suppliers on Use
and 252 statistical reporting module of the Past of Past Peformance Information
Performance Information Retrieval Retrieval System—Statistical Reporting
Government procurement.
System (PPIRS–SR) regarding the in Past Performance Evaluations (May
Amy G. Williams, supplier’s past performance history for 2015)
Editor, Defense Acquisition Regulations the Federal supply class (FSC) and
System. product or service code (PSC) of the (a) The Past Performance Information
supplies being purchased. Procedures Retrieval System—Statistical Reporting
Therefore, 48 CFR parts 212, 213, and (PPIRS–SR) application (http://
for the use of PPIRS–SR in the
252 are amended as follows: www.ppirs.gov/) will be used in the
evaluation of quotations or offers are
■ 1. The authority citation for 48 CFR provided in the PPIRS–SR User’s evaluation of suppliers’ past performance in
parts 212, 213, and 252 continues to Manual available under the references accordance with DFARS 213.106–2(b)(i).
read as follows: section of the PPIRS Web site at (b) PPIRS–SR collects quality and delivery
www.ppirs.gov; data on previously awarded contracts and
Authority: 41 U.S.C. 1303 and 48 CFR
(B) Ensure the basis for award orders from existing Department of Defense
chapter 1.
includes an evaluation of each reporting systems to classify each supplier’s
PART 212—ACQUISITION OF supplier’s past performance history in performance history by Federal supply class
COMMERCIAL ITEMS PPIRS–SR for the FSC and PSC of the (FSC) and product or service code (PSC). The
supplies being purchased; and PPIRS–SR application provides the
■ 2. In section 212.301, redesignate (C) In the case of a supplier without contracting officer quantifiable past
paragraphs (f)(v) through (xviii) as a record of relevant past performance performance information regarding a
paragraphs (f)(vi) through (xix), history in PPIRS–SR for the FSC or PSC supplier’s quality and delivery performance
respectively, and add a new paragraph of the supplies being purchased, the for the FSC and PSC of the supplies being
(f)(v) to read as follows: supplier may not be evaluated favorably purchased.
or unfavorably for its past performance (c) The quality and delivery classifications
212.301 Solicitation provisions and identified for a supplier in PPIRS–SR will be
history.
contract clauses for the acquisition of used by the contracting officer to evaluate a
commercial items. 213.106–2–70 Solicitation provision. supplier’s past performance in conjunction
(f) * * * Use the provision at 252.213–7000, with the supplier’s references (if requested)
(v) Part 213—Simplified Acquisition Notice to Prospective Suppliers on the and other provisions of this solicitation
Procedures. Use the provision at Use of Past Performance Information under the past performance evaluation factor.
252.213–7000, Notice to Prospective Retrieval System—Statistical Reporting The Government reserves the right to award
Suppliers on Use of Past Performance in Past Performance Evaluations, in to the supplier whose quotation or offer
Information Retrieval System— competitive solicitations for supplies represents the best value to the Government.
Statistical Reporting in Past when using FAR part 13 simplified (d) PPIRS–SR classifications are generated
Performance Evaluations, as prescribed acquisition procedures, including monthly for each contractor and can be
in 213.106–2–70. competitive solicitations using FAR part reviewed by following the access instructions
12 procedures for the acquisition of in the PPIRS–SR User’s Manual found at
* * * * * https://www.ppirs.gov/ppirsfiles/pdf/PPIRS–
commercial items and acquisitions
PART 213—SIMPLIFED ACQUISITION valued at less than or equal to $1 SR_UserMan.pdf. Contractors are granted
million under the authority at FAR access to PPIRS–SR for their own
PROCEDURES
subpart 13.5. classifications only. Suppliers are
■ 3. Add sections 213.106–2 and encouraged to review their own
213.106–2–70 to subpart 213.1 to read PART 252—SOLICITATION classifications, the PPIRS–SR reporting
as follows: PROVISIONS AND CONTRACT procedures and classification methodology
CLAUSES detailed in the PPIRS–SR User’s Manual, and
213.106–2 Evaluation of quotations or PPIRS–SR Evaluation Criteria available from
offers. ■ 4. Add new section 252.213–7000 to the references at http://www.ppirs.gov/
(b)(i) For competitive solicitations for read as follows: ppirsfiles/reference.htm. The method to
supplies using FAR part 13 simplified challenge a rating generated by PPIRS–SR is
252.213–7000 Notice to Prospective
acquisition procedures, including Suppliers on Use of Past Performance provided in the User’s Manual.
acquisitions valued at less than or equal Information Retrieval System—Statistical
to $1 million under the authority at FAR Reporting in Past Performance Evaluations. (End of provision)
subpart 13.5, the contracting officer As prescribed in 213.106–2–70, use [FR Doc. 2015–12339 Filed 5–22–15; 8:45 am]
shall— the following provision: BILLING CODE 5001–06–P
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Document Created: 2018-02-21 10:31:21
Document Modified: 2018-02-21 10:31:21
| 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 May 26, 2015. | |
| Contact | Ms. Jennifer Hawes, telephone 571-372- 6115. | |
| FR Citation | 80 FR 30117 | |
| RIN Number | 0750-AI40 | |
| CFR Citation | 48
CFR
212 48 CFR 213 48 CFR 252 |
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