12.206
Use of past performance
Past performance must be a key evaluation factor in commercial acquisitions, using data from diverse sources and following the appropriate FAR procedures.
Overview
FAR 12.206 emphasizes that past performance should be a significant factor in the evaluation and award of contracts for commercial products and services. Contracting officers are directed to consider past performance information from a broad range of sources, both within and outside the federal government. The section also references other FAR parts (9.1, 13.106, and 15.3) for specific policies and procedures on how to evaluate and use past performance data, depending on the acquisition method being used. This ensures that the government leverages relevant contractor history to make informed award decisions and mitigate risk.
Key Rules
- Past Performance as an Evaluation Factor
- Past performance must be considered in every evaluation and contract award for commercial products and services.
- Sources of Past Performance Data
- Contracting officers should use data from a wide variety of sources, not limited to federal government records.
- Reference to Other FAR Parts
- The evaluation of past performance must follow the procedures in FAR subpart 9.1 (responsibility), 13.106 (simplified acquisitions), or 15.3 (source selection), as appropriate.
Responsibilities
- Contracting Officers: Must ensure past performance is a key evaluation factor and gather data from diverse sources, following the applicable FAR procedures.
- Contractors: Should maintain strong performance records and be prepared for their past performance to be reviewed from multiple sources.
- Agencies: Should support contracting officers in accessing and evaluating relevant past performance information.
Practical Implications
- This section exists to promote informed decision-making and reduce risk by leveraging contractor performance history.
- It impacts daily contracting by requiring thorough research and documentation of past performance.
- Common pitfalls include relying on too narrow a set of sources or failing to follow the correct FAR procedures for the acquisition type.