Revision to the NASA FAR Supplement on Contractor Performance Information

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1842 and 1853

Revision to the NASA FAR Supplement on Contractor Performance

Information

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Interim rule.

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

SUMMARY: This is an interim rule amending the NASA FAR Supplement (NFS)

to implement FAR requirement to evaluate contractor performance. Since

the changes either conform NASA procedures to those of the FAR,

implement FASA-related FAR changes, or affect acquisition procedures to

the extent that immediate adoption is necessary, NASA is issuing the

changes as an interim rule, with an effective date 60 days after

publication.

DATES: This rule is effective July 20, 1998. All comments on this

interim rule should be in writing and must be received by July 20,

1998.

ADDRESSES: Paul Brundage, Code HK, NASA Headquarters, 300 E Street, SW,

Washington, DC 20456-0001.

FOR FURTHER INFORMATION CONTACT: Paul Brundage, (202) 358-0481.

SUPPLEMENTARY INFORMATION:

Background

FAR 42.15 requires that Federal agencies evaluate contract

performance for each contract in excess of $100,000. NASA is amending

the NFS to provide specific internal procedures for accomplishing this

evaluation.

Impact

NASA certifies that this regulation will not have a significant

economic impact on a substantial number of small business entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This

interim rule does not impose any reporting or recordkeeping

requirements subject to the Paperwork Reduction Act.

Lists of Subjects in 48 CFR Parts 1842 and 1853

Government procurement.

Deidre Lee,

Associate Administrator for Procurement.

Accordingly, 48 CFR Parts 1842 and 1853 are amended as follows:

1. The authority citation for 48 CFR Parts 1842 and 1853 continues

to read as follows:

Authority: 42 U.S.C. 2473(c)(1).

PART 1842--CONTRACT ADMINISTRATION

Subpart 1842.15 [Added]

2. Subpart 1842.15 is added to read as follows:

Subpart 1842.15--Contractor Performance Information

Sec.

1842.1501 General.

1842.1502 Policy.

1842.1503 Procedures.

1842.1501 General.

Communications with contractors are vital to improved performance

and this is NASA's primary objective in evaluating past performance.

Other objectives include providing data for both future source

selections and for reports under NASA's Contractor Performance

Assessment Program (CPAP). While the evaluations must reflect both

shortcomings and achievements during performance, they should also

elicit from the contractors their views on impediments to improved

performance emanating from the Government or other sources.

1842.1502 Policy. (NASA Supplement paragraph (a))

(a) Within 60 days of every anniversary of the award of a contract

having a term exceeding one year, contracting officers shall conduct

interim evaluations of performance on

[[Page 27860]]

contracts subject to FAR subpart 42.15 and this subpart. The final

evaluation shall cover only the last period of performance (i.e., it

shall not be cumulative).

1842.1503 Procedures. (NASA Supplement paragraphs (a), (b), and (c))

(a) The contracting officer shall determine who (e.g., the

technical office or end users of the products or services) evaluates

appropriate portions of the contractor's performance. The evaluations

are subjective in nature. Nonetheless, the contracting officer, who has

responsibility for the evaluations, shall ensure that they are

reasonable.

(b) NASA Form 1680, entitled, ``Evaluation of Performance,'' shall

be used to document evaluations. This provides for a five-tiered rating

(using the definitions for award fee evaluation scoring found in

1816.405-275) covering the following attributes: quality, timeliness,

price or control of costs (not required for firm-fixed-price contracts

or firm-fixed-price contracts with economic price adjustment), and

other considerations. Evaluations used in determining award fee

payments satisfy the requirements of this subpart and do not require

completion of NASA Form 1680. In addition, hybrid contracts containing

both award fee and non-award fee portions do not require completion of

NASA Form 1680.

(c) Contracting Officers shall ensure that the Government discusses

all evaluations with contractors and shall record the date and the

participants on the evaluation form. Contracting officers shall sign

and date the evaluation after considering any comments received from

the contractor within 30 days of the contractor's receipt of the

evaluation. If a contractor in its timely comments disagrees with an

evaluation and requests a review at a level above the contracting

officer, it shall be provided within 30 days. While the FAR forbids use

of the evaluations for source selections more than three years after

contract completion, they shall nevertheless be retained in the

contract file as provided in FAR 4.8, Government Contract Files.

PART 1853--FORMS

1853.242-72 [Added]

3. Section 1853.242-72 is added to read as follows:

1853.242-72 Evaluation of Performance (NASA Form 1680).

NASA Form 1680, Evaluation of Performance. Prescribed in 1842.1503.

[FR Doc. 98-13511 Filed 5-20-98; 8:45 am]

BILLING CODE 7510-01-P