[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Proposed Rules]
[Pages 54949-54950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21853]





48 CFR Part 42

[FAR Case 2014-010; Docket 2014-0010, Sequence 1]
RIN 9000-AM79

Federal Acquisition Regulation; Enhancements to Past Performance 
Evaluation Systems

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.


SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to accommodate the Architect-Engineer 
Contract Administration Support System (ACASS) and Construction 
Contractor Appraisal Support System (CCASS) modules within the 
Contractor Performance Assessment Reporting System (CPARS) database.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addresses shown below on or before 
November 14, 2014 to be considered in the formation of the final rule.

ADDRESSES: Submit comments in response to FAR Case 2014-010 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2014-010''. Select the link ``Comment Now'' that corresponds with FAR 
Case 2014-010. Follow the instructions provided at the ``Comment Now'' 
screen. Please include your name, company name (if any), and ``FAR Case 
2014-010'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Hada Flowers, 1800 F Street NW., 2nd Floor, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR case 2014-
010, in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

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 FAR Case 2014-


I. Background

    Effective July 1, 2014, the CPARS, ACASS, and CCASS modules were 
merged into a single application under the CPARS name in order to 
standardize the contractor performance evaluation process across the 
entire Federal Government. DoD, GSA, and NASA are proposing to revise 
the language at FAR 42.1502, Policy, to remove references to the ACASS 
and CCASS modules. This action will standardize the past performance 
reporting requirements under the CPARS database in FAR subpart 42.15.

II. 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.

III. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this rule to have a significant 
economic impact on a substantial number of small entities within the 
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 place any new requirements on small 
entities. Therefore, an initial regulatory flexibility Analysis has not 
been performed. DoD, GSA, and NASA invite comments from small business 
concerns and other interested parties on the

[[Page 54950]]

expected impact of this rule on small entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the rule 
consistent with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610, FAR Case 2014-010, in 

IV. 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 Subjects in 48 CFR Part 42

    Government procurement.

    Dated: September 9, 2014.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR part 42 as 
set forth below:


1. The authority citation for 48 CFR part 42 continues to read as 

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

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 all contracts 
and orders that exceed the specified thresholds, 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. 2014-21853 Filed 9-12-14; 8:45 am]