Evaluating FPI performance
Agencies must formally evaluate FPI contract performance and may use these evaluations to support waiver requests from mandatory FPI sourcing requirements.
Overview
FAR 8.606 requires agencies to evaluate the performance of Federal Prison Industries (FPI) contracts using the procedures outlined in FAR subpart 42.15, which governs contractor performance evaluations. While these evaluations are mandatory, they do not replace or override the requirements for purchasing from FPI as specified in FAR 8.602 and 8.604. However, performance evaluations can be used as supporting documentation when requesting a waiver from the mandatory FPI sourcing requirements under FAR 8.604. This ensures that agencies maintain accountability for FPI contract performance and have a formal process for documenting issues that may justify a waiver request.
Key Rules
- Performance Evaluation Requirement
- Agencies must evaluate FPI contract performance in accordance with FAR subpart 42.15.
- Relationship to FPI Sourcing Requirements
- Performance evaluations do not replace the requirements to purchase from FPI, but may support a waiver request if performance issues arise.
Responsibilities
- Contracting Officers: Ensure FPI contract performance is evaluated per FAR 42.15 and use evaluations to support waiver requests if necessary.
- Contractors (FPI): Subject to performance evaluations like other contractors.
- Agencies: Maintain records of FPI performance and use them appropriately in waiver processes.
Practical Implications
- This section ensures FPI contracts are held to the same performance standards as other contractors, promoting accountability.
- Performance issues with FPI can be formally documented and used to justify waivers from mandatory sourcing requirements.
- Failure to properly evaluate FPI performance may hinder an agency's ability to obtain a waiver if needed.