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 adopted as final with changes.

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SUMMARY: This is a final rule amending the NASA FAR Supplement (NFS) to

implement FAR requirement to evaluate contractor performance.

DATES: This rule is effective August 11, 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 received

public comments on the interim rule published in the Federal Register

on May 21, 1998 (63 FR 27859-27860). As a result, NASA has made the

final evaluations cumulative.

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 final

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, the interim rule published May 21, 1998 (63 FR 27859)

amending 48 CFR parts 1842 and 1853 is adopted as final with the

following changes.

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 [Revised]

2. Subpart 1842.15 is revised to read as follows:

Subpart 1842.15--Contractor Performance Information

Sec. 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.

Sec. 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 contracts subject to FAR subpart

42.15 and this subpart. On such contracts, both an interim evaluation

covering the last period of performance and a final evaluation

summarizing all performance shall be conducted.

Sec. 1842.1503 Procedures (NASA Supplement paragraphs (a) and (b)).

(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.

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(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. 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.

[FR Doc. 98-21503 Filed 8-10-98; 8:45 am]

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