FAR Rule Standardizes Past Performance Reporting

Federal Acquisition Circular 2005-69, which will be published in tomorrow’s Federal Register, contains a final rule, FAR Case 2012-009, that provides governmentwide standardized past performance evaluation factors and performance rating categories. The rule will require contracting officials to enter past performance information into the Contractor Performance Assessment Reporting System (CPARS). Two tables in revised FAR 42.1503 provide evaluation rating definitions and descriptions.

Generally, federal agencies must prepare evaluations of contractor performance for each contract, order, or modification that exceeds the simplified acquisition threshold. The evaluations must be prepared at least annually and at the time contract performance ends. The final rule is a culmination of a process that included two proposed rules (and two correcting amendments). The rules—published July 28, 2011, and September 6, 2012—generated a significant number of public comments that the FAR Councils considered in formulating the final rule. The rule will go into effect September 3, 2013.

About George Gullo

George Gullo is an attorney editor in the Government Contracts group at Wolters Kluwer Legal & Regulatory U.S. George serves as the principal editor of Cost Accounting Standards Guide and supports all of the group’s print and electronic publications, as well as legal research tools, including the Government Contracts Reporter, Board of Contract Appeals Decisions, and the FAR and DFARS Matrix Smart Charts. With more than 25 years experience in the legal publishing industry, including more than 15 years in the government contracts area, George also has a background in legal and business transactions. He is a graduate of DePaul University College of Law and a licensed Illinois attorney.
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