Subpart 42.15
Contractor Performance Information
FAR Subpart 42.15 requires agencies to systematically evaluate and document contractor performance, making this information critical for future contract awards and source selections.
Overview
FAR Subpart 42.15 establishes the requirements and procedures for collecting, evaluating, and using contractor performance information in federal acquisitions. Its purpose is to ensure that agencies systematically document contractor performance on contracts and orders, and that this information is used to support future source selection decisions. The subpart covers the scope, general principles, policy mandates, detailed procedures for performance evaluations, and the required contract clause. It applies to most contracts and orders above specified thresholds, with certain exceptions, and emphasizes the importance of timely, accurate, and fair performance assessments.
Key Rules
- Scope and Applicability
- Defines which contracts and orders require performance evaluations and outlines exceptions.
- General Principles
- Stresses the importance of objective, consistent, and timely performance evaluations.
- Policy Requirements
- Mandates that agencies prepare performance evaluations for applicable contracts and orders, and that these evaluations are used in source selection.
- Procedures
- Details the steps for preparing, reviewing, and submitting contractor performance evaluations, including contractor comment periods and appeals.
- Contract Clause
- Requires inclusion of a specific clause in contracts to inform contractors of performance evaluation requirements.
Responsibilities
- Contracting Officers: Ensure performance evaluations are completed, reviewed, and submitted in accordance with procedures; notify contractors and allow for comments.
- Contractors: Review and respond to performance evaluations within specified timeframes; provide comments or rebuttals as needed.
- Agencies: Oversee the performance evaluation process, maintain records, and ensure evaluations are used in future acquisitions.
Practical Implications
- This subpart ensures accountability and transparency in contractor performance, directly impacting a contractor’s ability to win future contracts. Timely and accurate evaluations are critical, and failure to comply can result in negative past performance records, affecting future opportunities. Common pitfalls include missed deadlines, incomplete documentation, and lack of communication with contractors during the evaluation process.