This session is sponsored by the Federal Acquisition Institute The primary organization providing knowledge and support to the federal civilian acquisition workforce. For more information about FAI, please visit our website at www.fai.gov
Jan 12, 2016
This session is sponsored by the
Federal Acquisition Institute
The primary organization providing knowledge and support to the federal civilian acquisition
workforce.
For more information about FAI, please visit our website at www.fai.gov
Contractor Past Performance Information And How It
Contributes To Your Success
Jan WisorDirector Acquisition Management & Support
DivisionOffice of Procurement Operations, DHS
GSA Training Conference
and Expo 2010
History
Terminology
Why Do We Collect and Report Past Performance Information?
Regulatory Requirements
Responsible Parties
Common Problems
Systems in Use
CPARS
Best Practices
Questions & Answers
References
AGENDA
CPARS – Contractor Performance Assessment Reporting System
COTR – Contracting Officer Technical Representative
DHS OPO – Department of Homeland Security/Office of Procurement Operations
PPI – Past Performance Information
PPIRS (rhymes with jeepers) Past Performance Information Retrieval System
TERMINOLOGY
HISTORY
FASA – 1994 Required OFPP to establish standards for evaluating PP: cost, schedule, compliance and other relevant performance factors All federal departments and agencies required to initiate procedures to record PPI and use PPI in source selection Ensure offerors are afforded opportunity to submit relevant information on PP. Established period PPI would be maintained
HISTORYFASA – 1994 (cont’d)
Neutral - If no past performance, offeror cannot be evaluated favorably or unfavorably for the factor
FARA - Renamed Clinger-Cohen Act of 1996
Provides guidance to ensure a fair and open competitive process FARA gives contracting officers more discretion when making competitive range determinations Permits the use of Simplified Acquisition Procedures in the
acquisition of commercial items up to $5 M.
HISTORY2008 DoD IG Report “Contractor Past Performance Information" (No. D-2008-057Examined CPARS
39 % of systems contracts registered more than 1 year late68% had past performance assessments reports that were overdue82 % of past performance reports were deficient
Contracting Offices lacked PPI to make informed decisions in source selection
HISTORY 2009 GAO Report of Federal Agencies Use of Past
Performance Reviews completed 2006, 2007 and found little progress made in collection and use of PPIBetter performance data needed to support agency decisionsPast Performance assessments occurred less than 1/3 of contractsAgencies considered past performance information in evaluating contractors for each of the 62 solicitations reviewed
HISTORYOFPP Memo July 2009 - Improving the Use of Contractor Performance Information
establish internal procedures for collecting and reporting past performance information to PPIRS identify agency officials responsible for preparing interim and final performance evaluations; and consider the achievement of small business goals in performance evaluations when the contract includes a Small Business Subcontracting Plan. Beginning February 1, 2010, OFPP will conduct regular compliance assessments and quality reviews
One of the Guiding Principles of the FAR: “(Use) contractors who have a successful track record of past performance...”
Continuing OMB and GAO interest in past performance data collection and reporting
We want to motivate improved performancemotivate improved performance
Promotes robust competitive environment
Promotes transparency and collaboration
WHY DO WE COLLECT & REPORT PPI?
FAR 8.405-1 and -2 – Evaluation of past performance when ordering under Federal Supply Schedules
FAR 9.105-1 – The contracting officer shall consider relevant past performance information when making a determination of responsibility
Past Performance Information Retrieval System (PPIRS)
Excluded Parties List System (EPLS)
Records and experience data
Questionnaire replies
Preaward survey reports
Other sources: Government agencies; business and trade associations
REGULATORY REQUIREMENTS
FAR 12.206 – Use of past performance for commercial items
FAR 13.106-1 and -2 – Contracting officer may use past performance as a basis for award under simplified acquisition procedures
FAR 15.304 and 15.305 – Past performance shall be evaluated in all source selections for negotiated competitive acquisitions expected to exceed the simplified acquisition threshold
FAR 16.505 – Past performance should be considered when placing orders under multiple award contracts
REGULATORY REQUIREMENTS
FAR Subpart 42.15 – Contractor Performance Information
Policies and responsibilities for recording and maintaining contractor performance information
Addresses contractor’s record in conforming to contract requirements, controlling costs, adhering to schedules, exhibiting reasonable and cooperative behavior, committing to customer satisfaction, and demonstrating integrity and ethical behavior.
FAR 42.1502 – Evaluate contractor performance for each award over the simplified acquisition threshold
REGULATORY REQUIREMENTS
The contracting officer and the program office representative (usually COTR) are jointly responsible for assessing contractor performance
The individual responsible for preparing each assessment must consider inputs from the program manager, end user, Contracting Officer, and other parties affected by the item or service
Contractor is motivated to provide best efforts because of power of past performance in source selection, ensures timely and accurate assessment
RESPONSIBLE PARTIES
COMMON PROBLEMS Eligible contracts are not registered Performance reports are not entered in a timely manner Failure to conduct required interim assessments Narratives lack sufficient detail to demonstrate that ratings are credible and justified Narratives provide misleading comments – do not support ratings
Incomplete and missing performance reports negatively impact the source selection process!
Right of contractor to request review by one level above if contractor does not agree with assessment
Two recent U.S. Court of Federal Claims cases* Jurisdiction to hear contractor claims challenging improper past
performance assessments
Ensure accurate evaluations are recorded timely in the database
*National Defense Magazine, March 2009
Contractor Concerns
Contractor Performance Assessment Reporting System (CPARS) (https://www.cpars.csd.disa.mil). Not to be used for Classified and Special Access Programs.
Past Performance Information Retrieval System (PPIRS) http://www.ppirs.gov. The “central warehouse” for receipt of performance assessment reports from Federal performance evaluation collection systems. CPARS “feeds” PPIRS. COs shall not use past performance information that is more than three years old (six for construction and architect-engineer contracts).
Architect-Engineer Contract Administration Support System (ACASS) Construction Contractor Appraisal Support System (CCASS)
SYSTEMS IN USE
Contractor Performance System (CPS) https://cps.nih.gov Multiple Agency, Shared File Subscription System: Designed, developed,
and implemented by the NIH Center for Information Technology (CIT)
NASA Past Performance Data Base (PPDB) -NASA has also developed a past performance database to track contractor's performance on NASA contracts
SYSTEMS IN USE
Initial Report Required if Period of Performance > 365 Days Not Required if Period of Performance ≤ 365 Days – Write Final CPAR Only Covers No More Than 12 Months of Actual Performance Assessment Period May Begin After Contract Award Date
Protests Delayed Starts Note the date in the Effective Date field in CPARS
CPARS REPORTING FREQUENCY
Intermediate Reports Required every 12 months Complete with Other Reviews When They Coincide
Option Exercise Award Fee Determinations Program Milestones
Not Cumulative: Assess Only Performance Occurring After Last Assessment Period Required Upon Transfer of Program Management Responsibility Outside Original
Buying Activity
CPARS REPORTING FREQUENCY
Out-of-Cycle Report (Optional) Written if Significant Change in Performance
Contractor May Request in Writing Written at Government’s Discretion
Address Only Those Areas That Have Changes No More Than Once Out-of-Cycle Report Completed Per Cycle
Year
CPARS REPORTING FREQUENCY
Final Report Required at Contract Completion
Delivery of Final End Item End of Period of Performance
Required Upon Contract Termination Not Cumulative: Assess Only Performance Occurring After Last
Assessment Period
CPARS REPORTING FREQUENCY
Addendum Report (Optional) Evaluate Contract Close-Out
Timeliness of Providing Documents
Evaluate Warranty Performance Evaluate Performance with Respect to Other Administrative
Requirements Written at Government’s Discretion
CPARS REPORTING FREQUENCY
Must Complete Individual CPAR for Each Task/Delivery Order That Meets or Exceeds the Reporting Threshold The Basic Indefinite-Delivery/Indefinite-Quantity (IDIQ)
contract, Basic Ordering Agreement (BOA), or Blanket Purchasing Agreement (BPA) Does Not Need to be in CPARS to Enter an Order
REPORTING TASK/DELIVERY ORDERS
Orders under Federal Supply Schedule (FSS) contracts That Meet or Exceed the Reporting Threshold Are Reported Individually The base contract does not need to be in CPARS to enter an order When registering a FSS contract in CPARS, the FSS contract number
should be entered in the contract number field and the order number is placed in the order number field. An order number is required when registering FSS contracts.
GSA Prepares the Assessment for the Base Contract
REPORTING FSS ORDERS
Prior to Definitization Address Performance Beginning with Date the UCA Was Issued Address Contractor’s Ability to Remain Within UCA Cost Limitations
Following Definitization Address Contractor’s Efforts in Promoting Contract Definitization If Definitized as Cost-Type or Time-and-Materials (T&M)/Labor Hour
Contract, Continue to Address Cost Control If Definitized as Firm-Fixed-Price Contract, Only Address Cost Control
Efforts Prior to Definitization
REPORTING UCAs
Discuss performance expectations in the initial post - award meeting/provide CPARS Guides to Contractors and Evaluators
Conduct discussions early in the performance of work so contractors have an opportunity to improve performance
Maintain open communications with the contractor about the Government's requirements and how the contractor can best meet them
BEST PRACTICES
Keep a timely performance record of quality, cost, schedule, and business relations
If available, use award fee board, earned value management system, Quality Assurance Surveillance Plan, or other similar contract administration records...then include contractor discussion and comments on the evaluation...Don’t reinvent the wheel!
BEST PRACTICES
For orders against MACs:
– Use past performance as an initial screen to determine which awardees will receive further consideration for a task or delivery order
– Conduct interim evaluations and customer satisfaction surveys
– Hold meetings with contractors experiencing performance and quality problem
– Consider “out of cycle” reporting
BEST PRACTICES
Give the contractor a draft report of evaluation prior to publishing
COTRS - Maintain a performance record, on the prime contractor’s performance report, of the major subcontractors and any team or joint venture partners on the contract
If evaluation subfactors are used, tailor them to match the requirement and capture the key performance criteria in the statement of work
BEST PRACTICES
COTRS
Focus on useful training outside of the required 40 hours
Develop a COTR program
Appoint PM as the Source Selection Official
Add PPI Registration and Assessment metrics to Performance Plans to measure timeliness and accuracy
BEST PRACTICES
QUESTIONS
IG report, "Contractor Past Performance Information" (No. D-2008-057), is available at: http://www.dodig.osd.mil/Audit/reports/fy08/08-057.pdf.
Federal Contractors: Better Performance Information Needed to Support Agency Contract Award Decisions GAO-09-374 April 23, 2009 http://www.gao.gov/products/GAO-09-374
OFPP Memorandum for the Chief Acquisition Officers Senior Procurement Executives July 29, 2009 http://www.whitehouse.gov/omb/assets/procurement/improving_use_of_contractor_perf_info.pdf
References