Evaluating the Past Performance of Federal Contractors

Evaluating the Past Performance of Federal Contractors
Author: Congressional Research Service
Publisher: CreateSpace
Total Pages: 24
Release: 2015-02-05
Genre: Business & Economics
ISBN: 9781508601951

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Poor performance under a federal contract can have immediate consequences for contractors, who could be denied award or incentive fees, required to pay damages, or terminated for default. In addition, it could affect their ability to obtain future contracts because federal law generally requires agencies to evaluate contractors' past performance and consider past performance information when making source selection decisions in negotiated procurements and determining whether prospective contractors are “responsible.” “Past performance” refers to performance on “active and physically completed contracts” and certain orders under existing contracts. Federal law generally requires agencies to evaluate and document contractor performance on contracts or orders whose value exceeds the simplified acquisition threshold (generally $150,000). The evaluation must generally address the quality of the product or service supplied by the contractor, its efforts to control costs, its timeliness and compliance with schedules, its conduct of management or business relations, its performance in subcontracting with small businesses, and other applicable factors (e.g., tax delinquency). The evaluation and any contractor response comprise the past performance information that is stored in government databases (e.g., Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS)) and may be used in future source selection decisions. Federal law also generally requires agencies to consider contractors' past performance when making source selection decisions in negotiated procurements whose value exceeds the simplified acquisition threshold. In a negotiated procurement, the contract is awarded to the offeror whose proposal represents the “best value” for the government based on various factors identified in the solicitation. These factors typically must include price and past performance. However, other factors may be considered, and procuring agencies determine the weight given to various factors. Additionally, agencies are required by law to consider whether the contractor has a “satisfactory performance record” when determining whether the contractor is sufficiently “responsible” to be awarded a federal contract. Agencies generally cannot award a contract without determining that the contractor is “responsible.” While agencies are generally prohibited from repeatedly finding a contractor nonresponsible based upon the same deficient past performance, they may debar or suspend contractors for willful failure to perform under a contract or contracts, or for a history of failure to perform or of unsatisfactory performance of a contract or contracts.

Past Performance Handbook

Past Performance Handbook
Author: Joseph W. Beausoleil
Publisher: Berrett-Koehler Publishers
Total Pages: 361
Release: 2010-07-01
Genre: Business & Economics
ISBN: 1567262996

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The Best Guide to Past Performance Evaluation in Government Contracting Just Got Better! The Past Performance Handbook has long been the resource contracting professionals have turned to for guidance on evaluating contractor performance and making award decisions in competitive acquisitions based on the evaluation results. Now this essential resource has been completely updated and revised to bring readers the most up-to-date information they need to conduct past performance evaluations. Past Performance Handbook: Applying Commercial Practices to Federal Procurement, Second Edition, not only includes a detailed explanation of the process of past performance evaluation, but also presents new approaches to standardizing assessment areas and rating scales, streamlining the source selection process, and ensuring that awards are made to the most qualified offerors. This thoroughly revised second edition offers: • Additional focus on the collaboration between the government and contractors in providing past performance information • Enhanced definitions of numerical scoring, adjectival ratings, color coding schema, and risk assessments — all consistent with the current guidelines issued by the Department of Defense and the Office of Federal Procurement Policy (OFPP) • Updated citations from the Federal Acquisition Regulation, OFPP, and the Government Accountability Office (GAO) • Abridged GAO decisions that provide details for citations included in the text. Contracting officers and contractors working with the government will find value in every chapter of this updated edition.

Evaluating the "Past Performance" of Federal Contractors

Evaluating the
Author: Kate M. Manuel
Publisher:
Total Pages:
Release: 2015
Genre:
ISBN:

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This report provides an overview of existing legal requirements pertaining to past performance, including the issues raised by federal contractors' attempts to challenge agency evaluations of their past performance, source selection decisions based, in part, on consideration of past performance information, and responsibility determinations. It also surveys recently enacted and proposed legislation and executive branch initiatives related to evaluations of past performance.

Federal Contractors

Federal Contractors
Author: Kent Hayes
Publisher: Nova Science Publishers
Total Pages: 0
Release: 2013
Genre: Contractors
ISBN: 9781628084221

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Poor performance under a federal contract can have immediate consequences for contractors, who could be denied award or incentive fees, required to pay liquidated damages, or terminated for default. In addition, it could affect their ability to obtain future contracts because various provisions of federal law require agencies to evaluate contractors' "past performance" and consider past performance information when making source selection decisions in negotiated procurements and when determining whether prospective contractors are "responsible." "Past performance" refers to contractors' performance on "active and physically completed contracts." This book provides an overview of existing legal requirements pertaining to past performance, including the issues raised by contractors' attempts to challenge (1) agency evaluations of their past performance, (2) source selection decisions based, in part, on consideration of past performance information, and (3) responsibility determinations.

Federal Contractors

Federal Contractors
Author: Kent Hayes
Publisher:
Total Pages: 135
Release: 2014-05-14
Genre: Law
ISBN: 9781628084238

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Poor performance under a federal contract can have immediate consequences for contractors, who could be denied award or incentive fees, required to pay liquidated damages, or terminated for default. In addition, it could affect their ability to obtain future contracts because various provisions of federal law require agencies to evaluate contractors' "past performance" and consider past performance information when making source selection decisions in negotiated procurements and when determining whether prospective contractors are "responsible." "Past performance" refers to contractors' performance on "active and physically completed contracts." This book provides an overview of existing legal requirements pertaining to past performance, including the issues raised by contractors' attempts to challenge (1) agency evaluations of their past performance, (2) source selection decisions based, in part, on consideration of past performance information, and (3) responsibility determinations.

Federal Contractors

Federal Contractors
Author: Shay D. Assad
Publisher: DIANE Publishing
Total Pages: 44
Release: 2009-11
Genre: Law
ISBN: 1437917739

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In FY 2007, fed. agencies worked with over 160,000 contractors, obligating over $456 billion, to help accomplish fed. missions. This reliance on contractors makes it critical that agencies have the info. necessary to properly evaluate a contractor's prior history of performance and better inform agencies' contract award decisions. While actions have been taken to improve the sharing of past performance info. and its use -- including the development of the Past Performance Info. Retrieval System (PPIRS) -- concerns remain about this info. This report assesses agencies' use of past performance info. in awarding contracts; identifies challenges that hinder sharing of past performance info.; and describes efforts to improve contractor performance info. Illus.

Past Performance Handbook, 2nd Edition

Past Performance Handbook, 2nd Edition
Author: Joseph Beausoleil
Publisher:
Total Pages: 272
Release: 2010
Genre:
ISBN:

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The Best Guide to Past Performance Evaluation in Government Contracting Just Got Better! The Past Performance Handbook has long been the resource contracting professionals have turned to for guidance on evaluating contractor performance and making award decisions in competitive acquisitions based on the evaluation results. Now this essential resource has been completely updated and revised to bring readers the most up-to-date information they need to conduct past performance evaluations. Past Performance Handbook: Applying Commercial Practices to Federal Procurement, Second Edition, not only includes a detailed explanation of the process of past performance evaluation, but also presents new approaches to standardizing assessment areas and rating scales, streamlining the source selection process, and ensuring that awards are made to the most qualified offerors. This thoroughly revised second edition offers: • Additional focus on the collaboration between the government and contractors in providing past performance information • Enhanced definitions of numerical scoring, adjectival ratings, color coding schema, and risk assessments - all consistent with the current guidelines issued by the Department of Defense and the Office of Federal Procurement Policy (OFPP) • Updated citations from the Federal Acquisition Regulation, OFPP, and the Government Accountability Office (GAO) • Abridged GAO decisions that provide details for citations included in the text. Contracting officers and contractors working with the government will find value in every chapter of this updated edition.

How to Evaluate Past Performance

How to Evaluate Past Performance
Author: Vernon J. Edwards
Publisher: George Washington Univ Government
Total Pages: 60
Release: 1995-09-01
Genre: Public contracts
ISBN: 9780935165357

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Federal Acquisition Circular

Federal Acquisition Circular
Author: United States. Department of Defense
Publisher:
Total Pages: 26
Release: 1999
Genre: Government purchasing
ISBN:

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