[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Rules and Regulations]
[Pages 27859-27860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13511]


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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.

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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]
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