[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: 48CFR1552.215-75]

[Page 82-83]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
               CHAPTER 15--ENVIRONMENTAL PROTECTION AGENCY
 
PART 1552_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents
 
             Subpart 1552.2_Texts of Provisions and Clauses
 
Sec. 1552.215-75  Past performance information.

    As prescribed in 1515.209(c), insert the following clause:

                 Past Performance Information (OCT 2000)

    (a) Offerors shall submit the information requested below as part of 
their proposal for both the offeror and any proposed subcontractors for 
subcontracts expected to exceed $ * . The information may be submitted 
prior to other parts of the proposal in order to assist the Government 
in reducing the evaluation period.
    (b) Offerors shall submit a list of all or at least * contracts and 
subcontracts completed in the last * years, and all contracts and 
subcontracts currently in process, which are similar in nature to this 
requirement.
    (1) The contracts and subcontracts listed may include those entered 
into with Federal, State and local governments, and commercial 
businesses, which are of similar scope, magnitude, relevance, and 
complexity to the requirement which is described in the RFP. Include the 
following information for each contract and subcontract listed:
    (a) Name of contracting activity.
    (b) Contract number.
    (c) Contract title.
    (d) Contract type.
    (e) Brief description of contract or subcontract and relevance to 
this requirement.
    (f) Total contract value.
    (g) Period of performance.
    (h) Contracting officer, telephone number, and E-mail address (if 
available).
    (i) Program manager/project officer, telephone number, and E-mail 
address (if available).
    (j) Administrative Contracting officer, if different from (h) above, 
telephone number, and E-mail address (if available).
    (k) List of subcontractors (if applicable).

[[Page 83]]

    (l) Compliance with subcontracting plan goals for small 
disadvantaged business concerns, monetary targets for small 
disadvantaged business participation, and the notifications submitted 
under FAR 19.1202-4 (b), if applicable.
    (c) Offerors should not provide general information on their 
performance on the identified contracts and subcontracts. General 
performance information will be obtained from the references.
    (1) Offerors may provide information on problems encountered and 
corrective actions taken on the identified contracts and subcontracts.
    (2) References that may be contacted by the Government include the 
contracting officer, program manager/project officer, or the 
administrative contracting officer identified above.
    (3) If no response is received from a reference, the Government will 
make an attempt to contact another reference identified by the offeror, 
to contact a reference not identified by the offeror, or to complete the 
evaluation with those references who responded. The Government shall 
consider the information provided by the references, and may also 
consider information obtained from other sources, when evaluating an 
offeror's past performance.
    (4) Attempts to obtain responses from references will generally not 
go beyond two telephonic messages and/or written requests from the 
Government, unless otherwise stated in the solicitation. The Government 
is not obligated to contact all of the references identified by the 
offeror.
    (d) If negative feedback is received from an offeror's reference, 
the Government will compare the negative response to the responses from 
the offeror's other references to note differences. A score will be 
assigned appropriately to the offeror based on the information. The 
offeror will be given the opportunity to address adverse past 
performance information obtained from references on which the offeror 
has not had a previous opportunity to comment, if that information makes 
a difference in the Government's decision to include the offeror in or 
exclude the offeror from the competitive range. Any past performance 
deficiency or significant weakness will be discussed with offerors in 
the competitive range during discussions.
    (e) Offerors must send Client Authorization Letters (see Section J 
of the solicitation) to each reference listed in their proposal to 
assist in the timely processing of the past performance evaluation. 
Offerors are encouraged to consolidate requests whenever possible (i.e., 
if the same reference has several contracts, send that reference a 
single notice citing all applicable contracts). Offerors may send Client 
Authorization Letters electronically to references with copies forwarded 
to the contracting officer.
    (1) If an offeror has no relevant past performance history, an 
offeror must affirmatively state that it possesses no relevant past 
performance history.
    (2) Client Authorization Letters should be mailed or E-mailed to 
individual references no later than five (5) working days after proposal 
submission. The offeror should forward a copy of the Client 
Authorization Letter to the contracting officer simultaneously with 
mailing to references.
    (f) Each offeror may describe any quality awards or certifications 
that indicate the offeror possesses a high-quality process for 
developing and producing the product or service required. Such awards or 
certifications include, for example, the Malcolm Baldrige Quality Award, 
other Government quality awards, and private sector awards or 
certifications.
    (1) Identify the segment of the company (one division or the entire 
company) which received the award or certification.
    (2) Describe when the award or certification was bestowed. If the 
award or certification is over three years old, present evidence that 
the qualifications still apply.
    (g) Past performance information will be used for both 
responsibility determinations and as an evaluation factor for award. The 
Past Performance Questionnaire identified in section J will be used to 
collect information on an offeror's performance under existing and prior 
contracts/subcontracts for products or services similar in scope, 
magnitude, relevance, and complexity to this requirement in order to 
evaluate offerors consistent with the past performance evaluation factor 
set forth in section M. References other than those identified by the 
offeror may be contacted by the Government and used in the evaluation of 
the offeror's past performance.
    (h) Any information collected concerning an offeror's past 
performance will be maintained in the official contract file.
    (i) In accordance with FAR 15.305 (a) (2) (iv), offerors with no 
relevant past performance history, or for whom information on past 
performance is not available, will be evaluated neither favorably nor 
unfavorably on past performance.

* Indicates that the contracting officer inserts applicable dollar 
figure and number.

                             (End of clause)

[65 FR 58925, Oct. 3, 2000]