[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR36.201]

[Page 713]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 36_CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS--Table of Contents
 
      Subpart 36.2_Special Aspects of Contracting for Construction
 
Sec.  36.201  Evaluation of contractor performance.


    (a) Preparation of performance evaluation reports. (1) The 
contracting activity shall evaluate contractor performance and prepare a 
performance report using the SF 1420, Performance Evaluation 
(Construction Contracts), for each construction contract of--
    (i) $500,000 or more; or
    (ii) More than $10,000, if the contract was terminated for default.
    (2) The report shall be prepared at the time of final acceptance of 
the work, at the time of contract termination, or at other times, as 
appropriate, in accordance with agency procedures. Ordinarily, the 
evaluating official who prepares the report should be the person 
responsible for monitoring contract performance.
    (3) If the evaluating official concludes that a contractor's overall 
performance was unsatisfactory, the contractor shall be advised in 
writing that a report of unsatisfactory performance is being prepared 
and the basis for the report. If the contractor submits any written 
comments, the evaluating official shall include them in the report, 
resolve any alleged factual discrepancies, and make appropriate changes 
in the report.
    (4) The head of the contracting activity shall establish procedures 
which ensure that fully qualified personnel prepare and review 
performance reports.
    (b) Review of performance reports. Each performance report shall be 
reviewed to ensure that it is accurate and fair. The reviewing official 
should have knowledge of the contractor's performance and should 
normally be at an organizational level above that of the evaluating 
official.
    (c) Distribution and use of performance reports. (1) Each 
performance report shall be distributed in accordance with agency 
procedures. One copy shall be included in the contract file. The 
contracting activity shall retain the report for at least six years 
after the date of the report.
    (2) Before making a determination of responsibility in accordance 
with subpart 9.1, the contracting officer may consider performance 
reports in accordance with agency instructions.

[48 FR 42356, Sept. 19, 1983, as amended at 51 FR 2666, Jan. 17, 1986; 
54 FR 48989, Nov. 28, 1989]