[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48507-48508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19565]



Defense Acquisition Regulations System

48 CFR Parts 209, 212, 213, and 252

[Docket DARS-2019-0035]
RIN 0750-AK70

Defense Federal Acquisition Regulation Supplement: Update to 
Performance Information System References (DFARS Case 2019-D033)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement changes 
regarding the discontinued use of the Past Performance Information 
Retrieval System and update all associated references in the DFARS.

DATES: Effective September 13, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bass, telephone 571-372-


I. Background

    DoD is issuing a final rule to amend the DFARS to update references 
to the Past Performance Information Retrieval System (PPIRS) for past 
performance information and replace with Contractor Performance 
Assessment Reporting System (CPARS) to implement changes following the 
official retirement of PPIRS and subsequent merger with the CPARS 
effective January 15, 2019.
    This rule also amends the DFARS to replace references to ``Past 
Performance Information Retrieval System-Statistical Reporting'' with 
``Supplier Performance Risk System'' and update the associated web 

II. Discussion and Analysis

    This final rule removes two references to PPIRS at DFARS 209.105-
1(2) and replaces the references with CPARS and the Federal Awardee 
Performance and Integrity Information System (FAPIIS) module of CPARS.
    In addition, in the title of DFARS provision 252.213-7000, ``Past 
Performance Information Retrieval System-Statistical Reporting'' is 
replaced with ``Supplier Performance Risk System.'' Conforming changes 
are also made to the title of the provision at DFARS 213.301(f)(v) and 
the obsolete PPIRS web addresses at DFARS 213.106-2(b)(i)(A), 213.106-
2-70, and 252.213-7000(a) and (d).

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule does not impact or create any new provisions or clauses, 
and only makes technical corrections to the title of an existing 
provision and web addresses contained within the provision. The rule 
does not impose any new requirements on contracts at or below the 
simplified acquisition threshold or for commercial items, including 
commercially available off-the-shelf items.

IV. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation is 41 U.S.C. 1707 entitled ``Publication of 
Proposed Regulations.'' Paragraph (a)(1) of the statute requires that a 
procurement policy, regulation, procedure, or form (including an 
amendment or modification thereof) must be published for public comment 
if it relates to the expenditure of appropriated funds, and has either 
a significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because the rule merely updates cross-references and makes technical 
corrections to address the system merger of PPIRS and CPARS, effective 
January 15, 2019.

V. Executive Order 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, 
or reducing costs, or 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.

VI. Executive Order 13771

    This rule is not an E.O. 13771 regulatory action, because this rule 
is not significant under E.O. 12866.

VII. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C.1707(a)(1) (see section IV. of this preamble), the analytical 
requirement of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required, and none has been prepared.

VIII. 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 Parts 209, 212, 213, and 252

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 209, 212, 213, and 252 are amended as 

1. The authority citation for 48 CFR parts 209, 212, 213, and 252 
continues to read as follows:

[[Page 48508]]

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.


2. Amend section 209.105-1 by revising paragraph (2) to read as 

209.105-1  Obtaining information.

* * * * *
    (2) A satisfactory performance record is a factor in determining 
contractor responsibility (see FAR 9.104-1(c)). One source of 
information relating to contractor performance is the Contractor 
Performance Assessment Reporting System (CPARS) available at https://www.cpars.gov/. Information relating to contract terminations for cause 
and for default is also available through the Federal Awardee 
Performance and Integrity Information System (FAPIIS) module of CPARS, 
available at https://www.fapiis.gov (see subpart 42.15). This 
termination information is just one consideration in determining 
contractor responsibility.


2. Amend section 212.301 by revising paragraph (f)(v) to read as 

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 Supplier 
Performance Risk System in Past Performance Evaluations, as prescribed 
in 213.106-2-70.
* * * * *


213.106-2  [Amended]

3. Amend section 213.106-2 in paragraph (b)(i)(A) by removing ``PPIRS 
website at https://www.ppirssrng.csd.disa.mil'' and adding ``SPRS 
website at https://www.sprs.csd.disa.mil/reference.htm'' in its place.

213.106-2-70  [Amended]

4. Amend section 213.106-2-70 by removing ``Notice to Prospective 
Suppliers on the Use of Past Performance Information Retrieval System--
Statistical Reporting in Past Performance Evaluations'' and adding 
``Notice to Prospective Suppliers on Use of Supplier Performance Risk 
System in Past Performance Evaluations'' in its place.


252.213-7000  [Amended]

5. Amend section 252.213-7000 by--
a. Removing clause date ``(MAR 2018)'' and adding ``(SEP 2019)'' in its 
b. In paragraph (a), removing ``(https://www.ppirssrng.csd.disa.mil/)'' 
and adding ``(https://www.sprs.csd.disa.mil)'' in its place; and
c. In paragraph (d), removing ``https://www.ppirssrng.csd.disa.mil/pdf/PPIRS-SR_UserMan.pdf'' and ``https://www.ppirssrng.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf'' and adding ``https://www.sprs.csd.disa.mil/reference.htm'' and ``https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf'', in their 
places, respectively.

[FR Doc. 2019-19565 Filed 9-12-19; 8:45 am]