42.1500 Scope of subpart
Source: FAR 42.1500 on acquisition.gov
FAR 42.1500 establishes that contractor performance information must be recorded and maintained, and that performance evaluations should align with fee determinations, even though fee procedures are governed separately.
Overview
- FAR 42.1500 outlines the scope of Subpart 42.15, which sets forth the policies and responsibilities for recording and maintaining contractor performance information. It clarifies that these policies do not govern the procedures for determining fees under award or incentive fee contracts, which are addressed in Subpart 16.4. However, it emphasizes that fee determinations should be consistent with contractor performance evaluations.
Key Rules
- Performance Information Policies
- Establishes the requirement for agencies to record and maintain contractor performance information.
- Exclusion for Fee Determination Procedures
- Specifies that the subpart does not apply to the procedures for determining fees under award or incentive fee contracts, but performance evaluations should align with fee determinations.
Responsibilities
- Contracting Officers: Must ensure contractor performance information is accurately recorded and maintained, and that fee determinations reflect performance evaluations.
- Contractors: Should be aware that their performance evaluations will impact fee determinations, even though the procedures for fee calculation are governed elsewhere.
- Agencies: Responsible for implementing systems to record, maintain, and use contractor performance information in a manner consistent with fee determinations.
Practical Implications
- This section ensures that contractor performance is systematically documented and used to inform future contracting decisions and fee determinations. Contractors should recognize that their performance records can directly influence their compensation and future opportunities. Common pitfalls include failing to maintain accurate performance records or inconsistencies between performance evaluations and fee determinations.
This subpart provides policies and establishes responsibilities for recording and maintaining contractor performance information. This subpart does not apply to procedures used by agencies in determining fees under award or incentive fee contracts. See subpart 16.4. However, the fee amount paid to contractors should be reflective of the contractor’s performance and the past performance evaluation should closely parallel and be consistent with the fee determinations.