[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR1536.201]

[Page 51-52]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
               CHAPTER 15--ENVIRONMENTAL PROTECTION AGENCY
 
PART 1536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS--Table of Contents
 
     Subpart 1536.2--Special Aspects of Contracting for Construction
 
Sec. 1536.201  Evaluation of contracting performance.


    (a) The Contracting Officer will obtain input from the Project 
Officer on the contractor's performance. The Contracting Officer will 
prepare the contractor performance report as prescribed in FAR 36.201 
within two weeks after final acceptance of the work or contract 
termination.
    (b) Prior to submitting any report or unsatisfactory performance to 
the reviewing official, the Contracting Officer will advise the 
contractor of any proposed unsatisfactory rating (see FAR 36.201(a)(3)).
    (c) The official at one level above the Contracting Officer will 
review each performance report.
    (d) The Contracting Officer will forward the original of the 
performance report to the Quality Assurance Branch, Office of 
Acquisition Management. The Quality Assurance Section will file the form 
in the contractor performance evaluation files which it maintains.
    (e) The Quality Assurance Branch will review the report when it is 
received and compare it with recent evaluations of that contractor. If 
the Quality Assurance Section discerns a pattern of unsatisfactory 
performance, it will notify the Contracting Officer for possible action, 
which may include referral of the matter to the Compliance Staff or to 
the Inspector General for investigation.
    (f) Information from the performance report shall not be released 
outside of the Agency, except to other Government agencies at their 
written request, and on condition that the information

[[Page 52]]

will not be made available outside the Government. Requests from non-
Government sources for information from performance reports shall be 
processed in accordance with EPA's Freedom of Information Act procedures 
at 40 CFR part 2.

[49 FR 8863, Mar. 8, 1984, as amended at 59 FR 18977, Apr. 21, 1994]