[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR1509.170-3]

[Page 15-16]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
               CHAPTER 15--ENVIRONMENTAL PROTECTION AGENCY
 
PART 1509_CONTRACTOR QUALIFICATIONS--Table of Contents
 
           Subpart 1509.170_Contractor Performance Evaluations
 
Sec. 1509.170-3  Applicability.

    (a) This subpart applies to all EPA acquisitions in excess of 
$100,000, except for architect-engineer acquisitions, acquisitions 
awarded under the Federal Acquisition Regulation (FAR) Subpart 8.6, 
Acquisitions from Federal Prison Industries, Incorporated, FAR Subpart 
8.7, Acquisitions from Nonprofit Agencies Employing People Who Are Blind 
or Severely Disabled, and FAR 13.5, Test Program for Certain Commercial 
Items. FAR 36.604 provides detailed instructions for architect-engineer 
contractor performance evaluations.
    (b) The acquisition of commercial items in accordance with FAR 
13.106 is not applicable to this subpart because simplified acquisition 
procedures do not require the creation or existence of

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a formal database for past performance evaluations. In cases where 
simplified acquisition procedures are not used to acquire commercial 
items (see FAR 12.203), this subpart is applicable to acquiring 
commercial items in excess of $100,000.
    (c) EPA Form 1900-26, Contracting Officer's Evaluation of Contractor 
Performance, and EPA Form 1900-27, Project Officer's Evaluation of 
Contractor Performance, applies to all performance evaluations completed 
prior to May 26, 1999. Thereafter, EPA Forms 1900-26 and 1900-27 are 
obsolete, and contracting officers shall complete all contractor 
performance evaluations by use of the National Institutes of Health's 
Contractor Performance System in accordance with EPAAR paragraph (a) of 
this section.
    (d) Construction acquisitions shall be completed by use of the NIH 
construction module. Performance evaluations for construction 
acquisitions shall be completed in accordance with EPAAR 1509.170-5.

[64 FR 20203, Apr. 26, 1999, as amended at 67 FR 66344, Oct. 31, 2002]