[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 48CFR36.201]



[Page 737]

 

            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]