2. Agenda Purpose of the Federal Acquisition System Pre-Award Accomplishment of Market Research Past Performance Performance Standards Applicability for Commercial Acquisitions General Past Performance Information Evaluations Commercial Non-Commercial Post-Award Past Performance Reporting Systems Regulations Roles and Responsibilities Past Performance Information Retrieval System (PPIRS) 2
3. Federal Acquisition System The vision for the Federal Acquisition System is to deliver the best value product or service in a timely basis, while maintaining the public’s trust and fulfilling public policy objectives. The focus of the Federal Acquisition System -- (1) Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service by -- (i) Maximizing the use of commercial products and services (ii) Using contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform (iii) Promoting competition (2) Minimize administrative operating costs (3) Conduct business with integrity, fairness, and openness 3
5. The Government will communicate with the industry as early as possible in the acquisition cycle to help the Government determine the capabilities available in the marketplace. This is accomplished through market research. Market Research 5
6. Market research is conducted to arrive at the most suitable approach to acquire and support supplies and services As part of acquisition planning agencies conduct market research for all acquisitions in order to – (1) Provide for acquisition of items and services suitable to meet the agency’s needs (2) Promote competition (3) Determine small business capabilities to meet the specified requirements (4) Determine subcontracting possibilities Market Research (cont) 6
7. Ultimately, conducting market research improves opportunities for small, small disadvantaged, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small business concerns to obtain a fair proportion of Government contracts Market research is accomplished to help identify the capabilities of small business to provide required services and products -- Sources Sought postings -- Request for Information (RFI) postings -- Central Contractor Registration (CCR) search -- Direct contact Market Research (cont) 7
8. Past Performance Past contract performance of an offeror is one of the relevant factors that a contracting official of an executive agency should consider in awarding a contract. It is appropriate for a contracting official to consider past contract performance of an offeror as an indicator of the likelihood that the offeror will successfully perform a contract to be awarded by that official. 8
9. Federal Acquisition Regulation (FAR) 12.206 states past performance should be an important element of every evaluation and contract award for commercial items and data regarding past performance should be looked at from a wide variety of sources both inside and outside the Federal Government. Past Performance Applicability forCommercial Acquisitions 9
10. Past Performance - General Where an evaluation is based only on price and past performance (Performance Price Trade-Off (PPT)), award will be made based on whether the lowest priced of the offers, having the highest past performance rating, represents the best value when compared to any lower priced offer. 10
11. -- The content and format of performance evaluations are established in accordance with agency procedures and should be tailored to the size, content, and complexity of the contractual requirements -- These procedures shall require an assessment of contractor performance against, and efforts to achieve, the goals identified in the small business subcontracting plan when the contract includes Clause 52.219-9, Small Business Subcontracting Plan. Past Performance – General (cont) 11
12. A past performance evaluation is required for contract awards in accordance with Director of Defense Procurement Class Deviation 99-O0002 dated January 29, 1999. Requirement thresholds are: -- $5 million for systems and operations support -- $1 million for services, information technology -- $100,000 for fuels or health care. Past Performance Evaluations 12
13. Past performance evaluations result in an assessment of the government’s confidence in the offeror’s ability to fulfill the solicitation requirements while meeting schedule, budget, and performance quality constraints Past performance evaluation considers each offeror's demonstrated record of performance in supplying products and services that meet users' needs. Past Performance Evaluations (cont) 13
14. Past performance information is obtained from : -- The Past Performance Information Retrieval System (PPIRS) -- Questionnaires tailored to the circumstances of the acquisition -- Defense Contract Management Agency -- Interviews with program managers and contracting officers -- Information from previous source selections or contractor capability assessments, if the information is recent and relevant -- Other sources known to the government The recency and relevancy of the past performance information is important in determining what contracts/programs/effort are evaluated Recency and relevancy definitions are individually tailored for each acquisition Past Performance Evaluations (cont) 14
15. The evaluation should take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition. Offerors without a record of relevant past performance or for whom information on past performance is not available or the offeror’s performance record is so limited that no confidence assessment rating can be reasonable assigned will not be evaluated favorably or unfavorably. Past Performance Evaluations (cont) 15
16. If adverse past performance information, to which the contractor has had no opportunity to respond, is the reason an offeror may not receive an award without discussions or be excluded from the competitive range -- The offeror must be provided an opportunity to address the information -- This exchange occurs through the issuance of a “Clarification” or “Communications” evaluation notice (EN) Past Performance Evaluations (cont) 16
17. “Performance confidence assessment” is an evaluation of the likelihood (or government’s confidence) that the offeror will successfully complete the solicitation’s requirements; based upon past performance. The performance confidence assessment is established through an integrated analysis of those positive performance indicators and negative performance indicators identified at the Mission Capability subfactor and Cost/Price factor level as determined by the offeror’s recent, current and relevant contract performance. A performance confidence rating is normally assessed at an overall factor level after evaluating aspects of the offeror's recent past performance, focusing on performance that is relevant to mission capability sub-factors and cost or price. Past Performance Evaluations (cont) 17
19. Past Performance Relevancy Definitions VERY RELEVANT: Past/present performance programs involved essentially the same magnitude of effort and complexities this solicitation requires RELEVANT: Past/present performance programs involved much of the magnitude of effort and complexities this solicitation requires SOMEWHAT-RELEVANT: Past/present performance programs involved some of the magnitude of effort and complexities this solicitation requires NOT RELEVANT: Past/present performance programs did not involve any magnitude of effort and complexities this solicitation requires
20. Past Performance Quality Definitions BLUE/EXCEPTIONAL - The contractor’s performance meets contractual requirements and exceeds many (requirements) to the Government’s benefit. The contractual performance was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective PURPLE/VERY GOOD- The contractor’s performance meets contractual requirements and exceeds some (requirements) to the Government’s benefit. The contractual performance was accomplished with some minor problems for which corrective actions taken by the contractor were effective GREEN/SATISFACTORY – The contractor’s performance meets contractual requirements. The contractual performance contained some minor problems for which corrective actions taken by the contractor appear or were satisfactory YELLOW/MARGINAL – Performance does not meet some contractual requirements. The contractual performance reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor’s proposed actions appear only marginally effective or were not fully implemented RED/UNSATISFACTORY – Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective NOT APPLICABLE - Unable to provide a score.
21. 52.212-1 -- Instructions to Offerors -- Commercial Items --Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information) Commercial Clauses 21
22. Commercial Clauses (cont) 52.212-2 -- Evaluation -- Commercial Items The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: ___________________________________________[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement (ii) price (iii) past performance (iv) small disadvantaged business participation The relative order of importance of the evaluation factors will be specified. Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] 22
23. Using the uniform contract format Section L, Instructions to Offerors - Directs offerors to supply the information the source selection team will need, in the format they need, to conduct their evaluation and award contracts to successful offeror Section M, Evaluation Factors for Award - This section forms the basis for evaluating offerors' proposals and is the only section of the solicitation that communicates to offerors the criteria the Government will use to make the best value award decision Except when a officer documents the reason past performance is not an appropriate evaluation factor for an acquisition, past performance shall be evaluated in all source selections for negotiated competitive acquisitions expected to exceed the simplified acquisition threshold ($100k) Non-Commercial Evaluations 23
25. IAW FAR 42.1502(a), agencies shall prepare an evaluation of contractor performance for each contract that exceeds the simplified acquisition threshold at the time the work under the contract is completed -- Interim evaluations should be prepared as specified by the agencies to provide current information for source selection purposes, for contracts with a period of performance, including options, exceeding one year -- This evaluation is generally for the entity, division, or unit that performed the contract. Past Performance 25
26. Past Performance Federal Acquisition Regulation (FAR) 42.1501 Past performance information is relevant information, for future source selection purposes, regarding a contractor’s actions under previously awarded contracts. It includes: -- Contractor’s record of conforming to contract requirements and to standards of good workmanship -- Contractor’s record of forecasting and controlling costs -- Contractor’s adherence to contract schedules, including the administrative aspects of performance -- Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction -- Contractor’s record of integrity and business ethics -- Contractor’s business-like concern for the interest of the customer 26
27. Office of Federal Procurement Policy and Federal Acquisition Regulations Require: Why Evaluate Contractor Performance? Collection and Maintenance of Past Performance Information (PPI) for Use in the Award Decisions for Competitive Acquisitions DoD Directed Collection and Use of PPI in 1998 27
28. Past Performance Information Retrieval System CPARS Contractor Performance Assessment Reporting System ACASS/CCASS Construction Contractor Appraisal Support System Architect-Engineer Contract Administration Support Systems 28 PPIRS
29. Federal Acquisition Regulation (FAR) AcquisitionRegulation Supplements CPARS Regulatory Requirements FAR 42.1502: Agencies Shall Prepare an Evaluation of Contractor Performance FAR 15.304: Past Performance Shall be Evaluated in All Source Selections for Negotiated Competitive Acquisitions CPARS Shall be Used to Prepare Contractor Performance Evaluations PPIRS Shall be Used as a Source of Past Performance Information in Source Selections 29
30. Collection of Contractor Past Performance Information Source Selections and OfferorPast Performance Information ACASS/CCASS Regulatory Requirements FAR 36.201: Contracting Activities Shall Evaluate Contractor Performance & Prepare Performance Reports for Construction Contracts FAR 36.604: Contracting Activities Shall Evaluate Contractor Performance & Prepare Performance Reports for Architect-Engineer Contracts FAR 15.304: Past Performance Shall be Evaluated in All Source Selections for Negotiated Competitive Acquisitions (Includes Construction)FAR 36.602: Selection of Firms for Architect-Engineer Contracts (Agency Must Consider Offeror Past Performance) 30
32. Treated as Source Selection Sensitive Information IAW FAR 3.104 CPARS Assessments Pre-Decisional in Nature Protected Throughout Life CycleAccessible By: Government Personnel with Need to Know Contractor who is Subject of Evaluation ACASS/CCASS Evaluations Retained for 6 Years in PPIRS After Completion by Reviewing Official CPARS Retained for 3 Years in PPIRS After Contract Completion 32
37. Out of Cycle Report--Written if Significant Change in Performance
38. Final Report -- Required at Contract Completion35
39. All CPARs Are Due Within 120 Days After the End of the Assessment Period Reporting Frequency 36
40. ContractRegistration Enter ProposedRatings Validate ProposedRatings ContractorComments Review ContractorComments Reviewing OfficialComments Automated Workflow EvaluationComplete & Sent to PPIRS
41. ContractRegistration Automated:Focal Point Manual:Focal PointContract Data EntryAssessing OfficialAssessing Official Rep Enter ProposedRatings Validate ProposedRatings ContractorComments Review ContractorComments Reviewing OfficialComments CPARS Workflow
42. Primary Method of Registration Automated Contract Registration Requirements Focal Point Only Auto Register Within 30 Days of Contract Award Auto Register ONCE per Contract Must Complete APM Field 39
43. Manual Contract Registration Requirements Register Within 30 Days of Contract Award Register ONCE per Contract Enter Basic Contract Information Must Complete Mandatory Fields Note: Local policy will determine assignment of the Contract Registration function. 40
44. ContractRegistration Assessing Official Rep(s) Assessing Official Enter ProposedRatings Validate ProposedRatings ContractorComments Review ContractorComments Reviewing OfficialComments CPARS Workflow
45. Enter Proposed Ratings Assessing Official Rep Examples GovernmentOnly! Technical Experts Contract Specialists Contracting Officer Contracting Officer’s Representative Task / Order Monitor 42
58. ContractRegistration Enter ProposedRatings Assessing Official Validate ProposedRatings ContractorComments Review ContractorComments Reviewing OfficialComments CPARS Workflow
59. Review Contractor Comments Requirements Review Contractor Comments Close CPAR Modify CPAR Send to Reviewing Official (if applicable) 51
60. WorkflowNote Review Contractor Comments If the Contractor fails to respond to the CPAR within 30 days, the Assessing Official has the option to pull back the CPAR and continue the process by sending it to the Reviewing Official. 52
61. ContractRegistration Enter ProposedRatings Reviewing Official Validate ProposedRatings ContractorComments Review ContractorComments Reviewing OfficialComments CPARS Workflow
64. If Local Policy MandatesNote: Local policy guidance regarding assignment of the Reviewing Official function may vary. 54
65. Reviewing Official Comments GovernmentOnly! Requirements Review CPAR Blocks 1-23 (read only format) Input Comments (Block 24) Acknowledge Discrepancies Between Government Ratings / Narratives and Contractor Comments 16,000 Character Limit (approximately 3 pages) Name and Title (Block 25) Close CPAR 55
76. CPARS Summary Facilitates Communication / Cooperation Between Government and Industry Provides Past & Current Performance Information - Contains Ratings & Narrative by Government - Contains Narrative by Industry Motivates Improved Performance Used in Source Selection to Support Best Value Decisions - Information Retrieved from PPIRS 58
78. PPIRS Federal Repository for Completed Assessments Contractor Performance Assessment Reporting System (CPARS) Architect – Engineer Contract Administration Support System (ACASS) Construction Contractor Appraisal Support System (CCASS) National Aeronautics and Space Administration (NASA) Past Performance Data Base (PPDB) National Institute of Health (NIH) Contractor Performance System (CPS) www.ppirs.gov 60
79. PPIRS Contractor Access Controlled through Central Contractor Registration (CCR) Process Visit www.ccr.gov for More Information View Completed Evaluations at www.ppirs.gov Select “PPIRS-RC Logon” www.ppirs.gov 61
80. Benefits of the program include: Facilitating government-contractor communication Motivating improved contractor performance Preparing contractor report cards to be used in support of Government source selections Topics to be covered during the seminar: CPARS policy Workflow process Automation New features Helpful hints for using the system One Day Training Seminar 62
