[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR1509.170-5]

[Page 15-16]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
               CHAPTER 15--ENVIRONMENTAL PROTECTION AGENCY
 
Sec. 1509.170-5  Policy.

    (a) Contracting officers are responsible for the timely completion 
of contractors' performance evaluations. The National Institutes of 
Health Contractor Performance System shall be used to record individual 
contractor performance histories on EPA contracts and to obtain 
contractor past performance information for use in EPA's source 
selection process.
    (b) For service type acquisitions, contracting officers shall use 
the National Institutes of Health (NIH) Contractor Performance System to 
record evaluations for all contract performance periods expiring after 
May 26, 1999. For construction type acquisitions, contracting officers 
shall use the NIH system to record evaluations for all contract 
performance periods expiring after December 2, 2002.
    (c) Contractor evaluation information shall be recorded in 
Contractor Performance Reports (Report) which are generated by the 
National Institutes of Health system. Reports shall cover individual 
contractor evaluations at the contract level, which includes all work 
assignments, task orders, or delivery orders associated with the 12 
month period being evaluated (interim Report) or the last 12 months (or 
less) of contract performance (final Report).
    (d) The contracting officer must complete interim Reports covering 
each 12 month period after the effective date of contract for all 
contracts in excess of $100,000, except those acquisitions identified in 
1509.170-3, Applicability. In addition to interim Reports, the 
contracting officer must complete a final Report which covers the last 
12 months (or less) of contract performance.
    (e) The contracting officer shall initiate the process for 
completing interim Reports within five (5) business days after the end 
of each 12 months of contract performance. The contracting

[[Page 16]]

officer shall initiate the process for completing a final Report within 
five (5) business days after the end of the last 12 months (or less) of 
contract performance. Final Reports must be completed prior to contract 
closeout.
    (f) The contracting officer must complete interim and final Reports, 
including the project officer's evaluation of contractor performance, 
receipt of any contractor input, and resolution of summary ratings (if 
any) within 90 business days from the date the contracting officer 
initiates the evaluation.
    (g) Reports shall be used to inform other agencies and departments 
(upon request) about a contractor's performance on an EPA contract, and 
to assist the contracting officer and the Technical Evaluation Panel 
with evaluating past performance for future EPA acquisitions.
    (h) When evaluating proposals, contracting officers shall use the 
National Institutes of Health system to access Reports from other 
agencies or departments that are available in the National Institutes of 
Health database. Contracting Officers may need to access past 
performance information from other than the National Institutes of 
Health system if the National Institutes of Health system does not 
include applicable information.
    (i) In accordance with FAR 42.1503(b), the ultimate conclusion on 
the performance evaluation is the decision of the Agency. The 
contracting officer must ensure the accuracy of ratings for each 
performance category by verifying that information in the contract file 
corresponds with the project officer's designated ratings. A 
contractor's performance evaluation should closely parallel award fee 
determinations made under the contract.
    (j) In cases of novations involving successors-in-interest, a final 
evaluation of the predecessor contractor must be completed within five 
(5) business days after the end of the predecessor contractor's 
performance, and an interim evaluation of the successor contractor must 
be completed within five (5) business days after the end of each 12 
months of contract performance after the successor began performing. In 
cases of change-of-name agreements, the system shall be changed to 
reflect the new contractor's name.
    (k) Contracting officers must inform the Office of Debarment and 
Suspension of any repetitive unsatisfactory or poor (a score of 0 or 1) 
ratings encountered by the contractor.

[64 FR 20203, Apr. 26, 1999, as amended at 64 FR 41043, July 29, 1999; 
67 FR 66344, Oct. 31, 2002]