[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21737-21738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08409]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0142; Docket No. 2021-0053; Sequence No. 4]


Submission for OMB Review; Past Performance Information

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

ACTION: Notice.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division has submitted to the Office of 
Management and Budget (OMB) a request to review and approve a revision 
and renewal of a previously approved information collection requirement 
regarding past performance information.

DATES: Submit comments on or before May 24, 2021

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.
    Additionally, submit a copy to GSA through http://www.regulations.gov and follow the instructions on the site. This 
website provides the ability to type short comments directly into the 
comment field or attach a file for lengthier comments.
    Instructions: All items submitted must cite OMB Control No. 9000-
0142, Past Performance Information. Comments received generally will be 
posted without change to http://www.regulations.gov, including any 
personal and/or business confidential information provided. To confirm 
receipt of your comment(s), please check www.regulations.gov, 
approximately two-to-three days after submission to verify posting. If 
there are difficulties submitting comments, contact the GSA Regulatory 
Secretariat Division at 202-501-4755 or [email protected].

FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0142, Past Performance Information.

B. Need and Uses

    This clearance covers the information that offerors and contractors 
must submit to comply with the following Federal Acquisition Regulation 
(FAR) requirements: Preaward. For responses during source selection.
     FAR 15.305(a)(2)(ii). This section requires solicitations 
describe the approach for evaluating past performance, including 
evaluating offerors with no relevant performance history, and providing 
offerors an opportunity to identify past or current contracts 
(including Federal, State, and local government and private) for 
efforts similar to the Government requirement. Solicitations also must 
authorize offerors to provide information on problems encountered on 
their identified contracts and the offeror corrective actions. Per FAR 
15.304(c)(3), past performance must be evaluated in all source 
selections for negotiated competitive acquisitions expected to exceed 
the simplified acquisition threshold (SAT) unless the contracting 
officer documents the reason past performance is not an appropriate 
evaluation factor for the acquisition.
     FAR 52.212-1, Instructions to Offerors--Commercial Items. 
This provision requires offerors, per paragraph (b)(10), to submit past 
performance information, when included as an evaluation factor, to 
include recent and relevant contracts for

[[Page 21738]]

the same or similar items and other references (including contract 
numbers, points of contact with telephone numbers and other relevant 
information).
    Postaward. For responses in the Contractor Performance Assessment 
Reporting System (CPARS).
     FAR 42.1503(d). Requires contractors be afforded up to 14 
calendar days from the notification date that a past performance 
evaluation has been entered into CPARS to submit comments, rebutting 
statements, or additional information. Past performance information is 
relevant information regarding a contractor's actions under previously 
awarded contracts or orders, for future source selection purposes. 
Source selection officials may obtain past performance information from 
a variety of sources.
    The contracting officer will use the information to support future 
source selection decisions.

C. Annual Burden

    Respondents: 65,373.
    Total Annual Responses: 83,262.
    Total Burden Hours: 166,524.

D. Public Comment

    A 60-day notice was published in the Federal Register at 86 FR 
8913, on February 10, 2021. One respondent submitted comments; however, 
they did not change the estimate of the burden.
    Comment: The commenter expressed there is a need for a revision to 
the practices of acquiring, analyzing, and utilizing past performance 
information for source selection in federal acquisitions. The commenter 
noted that ``there have emerged in recent years a number of issues that 
result in a misleading, incomplete, deceptive, or distorted assessment 
of an Offeror's Past Performance that is not allowing fair competition 
for contracts which evaluate this factor.'' The commenter suggested 
changes on a few areas by using examples.
    Response: Some of the suggestions made by the commenter may require 
consideration via the rulemaking process, and other suggestions refer 
to practices by particular agencies. These suggestions are outside the 
scope of this information collection renewal. The commenter did not 
express an opinion on whether the collections of information are 
needed; whether the estimated number of burden hours is accurate; or 
ways to minimize the burden of the collection of information. 
Therefore, the estimate of the burden was not changed.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0142, Past Performance Information.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2021-08409 Filed 4-22-21; 8:45 am]
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