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| FAR | RIN: 9000-AM40 | Publication ID: Fall 2014 |
| Title: Federal Acquisition Regulation (FAR); FAR Case 2012-028; Contractor Comment Period--Past Performance Evaluations | |
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Abstract:
DoD, GSA, and NASA issued a final rule to revise the Federal Acquisition Regulation to implement section 853 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. 112-239, enacted January 2, 2013) and section 806 of the NDAA for FY 2012 (Pub. L. 112-81, enacted December 31, 2011, 10 U.S.C. 2302 Note). Section 853, entitled "Inclusion of Data on Contractor Performance in Past Performance Databases for Executive Agency Source Selection Decisions," and section 806, entitled "Inclusion of Data on Contractor Performance in Past Performance Databases for Source Selection Decisions," require revisions to the acquisition regulations on past performance evaluations so that contractors are provided "up to 14 calendar days… … from the date of delivery" of past performance evaluations "to submit comments, rebuttals, or additional information pertaining to past performance" for inclusion in the database. In addition, paragraph (c) of both sections 853 and 806 requires that agency evaluations of contractor performance, including any information submitted by contractors, be "included in the relevant past performance database not later than the date that is 14 days after the date of delivery of the information" (section 853(c)) to the contractor. The Governmentwide application of the statute will ensure that the Government has current performance information about contractors to help source selection officials make better award decisions. This case is included in the FAR retrospective review of existing regulations under Executive Order 13563. Additional information is located in the FAR final plan (2014), available at: https://www.acquisition.gov/. |
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| Agency: DOD/GSA/NASA (FAR)(FAR) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 48 CFR 42 | |
| Legal Authority: 40 USC 121(c) 10 USC ch 137 51 USC 20113 | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Federal |
| Small Entities Affected: Businesses | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
| RIN Data Printed in the FR: Yes | |
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Agency Contact: Curtis E. Glover Sr. Procurement Analyst DOD/GSA/NASA (FAR) 1800 F Street, NW, Washington, DC 20405 Phone:202 295-7548 Email: curtis.glover@gsa.gov |
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