[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR636.205]

[Page 204-205]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 636--DESIGN-BUILD CONTRACTING--Table of Contents
 
             Subpart B--Selection Procedures, Award Criteria
 
Sec. 636.205  Can past performance be used as an evaluation criteria?

    (a) Yes, past performance information is one indicator of an 
offeror's ability to perform the contract successfully. Past performance 
information may be used as an evaluation criteria in either phase-one or 
phase-two solicitations. If you elect to use past performance criteria, 
the currency and relevance of the information, source of the 
information, context of the data, and general trends in contractor's 
performance may be considered.

[[Page 205]]

    (b) Describe your approach for evaluating past performance in the 
solicitation, including your policy for evaluating offerors with no 
relevant performance history. You should provide offerors an opportunity 
to identify past or current contracts (including Federal, State, and 
local government and private) for efforts similar to the current 
solicitation.
    (c) If you elect to request past performance information, the 
solicitation should also authorize offerors to provide information on 
problems encountered on the identified contracts and the offeror's 
corrective actions. You may consider this information, as well as 
information obtained from any other sources, when evaluating the 
offeror's past performance. You may use your discretion in determining 
the relevance of similar past performance information.
    (d) 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 current acquisition.