[Code of Federal Regulations]

[Title 48, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR2942.1503]



[Page 45-46]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                     CHAPTER 29--DEPARTMENT OF LABOR

 

PART 2942_CONTRACT ADMINISTRATION AND AUDIT SERVICES--Table of Contents

 

           Subpart 2942.15_Contractor Performance Information

 

Sec. 2942.1503  Procedures.



    (a) In accordance with FAR 42.1502, the contracting officer will 

prepare an interim evaluation of a contractor's performance at least 

annually for submission to the Past Performance Information Retrieval 

System (PPIRS), and specifically the Contractor Performance System 

maintained by the National Institutes of Health.

    (b) The contracting officer, or designee, must determine who will 

evaluate a contractor's performance. The contracting officer's technical 

representative, program manager, contract specialists or administrators, 

and users are candidates likely to be selected to perform the 

evaluation.

    (c) A contractor's performance evaluation should be obtained from a 

person who monitored contractor performance when that individual's 

assignment of duties or employment terminates before physical completion 

of the contract. The areas of performance to be selected for evaluation 

should be tailored to the type of supplies or services normally acquired 

by the contracting activities and the type of contract. HCAs must ensure 

uniformity of the evaluation criteria within their contracting 

activities.

    (d) Release of contractor performance evaluation information.

    (1) Requests for performance evaluation information from the public 

must be processed in accordance with FOIA, as implemented by DOL under 

29 CFR part 70.

    (2) Release of a contractor's performance evaluation information to 

other Federal agencies is subject to FAR 42.1502. When the performance 

evaluation information is released to other federal agencies, it should 

be provided with a written statement that it is nonpublic information 

that must be



[[Page 46]]



processed under FOIA principles if a request for its disclosure is 

received.

    (e) Even though the retention period for past performance evaluation 

information is three years (see FAR 42.1503), the contractor's 

performance evaluation, any contractor rebuttal, and final decision 

become a part of the contract file. Therefore, disposal of the 

contractor's evaluation information must be accomplished in accordance 

with FAR 4.804.