7. past performance_seminar

Past PerformanceSeminar
27 April 2010
Jo Green
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Agenda
Purpose of the Federal Acquisition System
Pre-Award
Accomplishment of Market Research
Past Performance
Performance Standards
Applicability for Commercial Acquisitions
General Past Performance Information
Evaluations
Commercial
Non-Commercial
Post-Award
Past Performance Reporting Systems
Regulations
Roles and Responsibilities
Past Performance Information Retrieval System (PPIRS)

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Federal Acquisition System
The vision for the Federal Acquisition System is to deliver the best
value product or service in a timely basis, while maintaining the public’s
trust and fulfilling public policy objectives.
The focus of the Federal Acquisition System --
(1) Satisfy the customer in terms of cost, quality, and
timeliness of the delivered product or service by --
(i) Maximizing the use of commercial products and services
(ii) Using contractors who have a track record of successful past performance or who demonstrate a current superior ability to perform
(iii) Promoting competition
(2) Minimize administrative operating costs
(3) Conduct business with integrity, fairness, and openness
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PRE-AWARD
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The Government will communicate with
the industry as early as
possible in the acquisition cycle to help
the Government determine the
capabilities available in the
marketplace.
This is accomplished through
market research.
Market Research
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Market research is conducted to arrive at the most suitable approach to acquire and support supplies and services
As part of acquisition planning agencies conduct market research for all acquisitions in order to –
(1) Provide for acquisition of items and services suitable to meet the
agency’s needs
(2) Promote competition
(3) Determine small business capabilities
to meet the specified requirements
(4) Determine subcontracting possibilities
Market Research (cont)
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Ultimately, conducting market research improves opportunities for small, small disadvantaged, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small business concerns to obtain a fair proportion of Government contracts
Market research is accomplished to help identify
the capabilities of small business to provide required
services and products
-- Sources Sought postings
-- Request for Information (RFI) postings
-- Central Contractor Registration (CCR) search
-- Direct contact
Market Research (cont)
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Past Performance
Past contract performance of an offeror is one of the relevant factors that a contracting official of an executive agency should consider in awarding a contract.
It is appropriate for a contracting official to consider past contract performance of an offeror as an indicator of the likelihood that the offeror will successfully perform a contract to be awarded by that official.
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Federal Acquisition Regulation (FAR)
12.206 states past performance
should be an important element of
every evaluation and contract award
for commercial items and data
regarding past performance should be
looked at from a wide variety of sources
both inside and outside the Federal
Government.
Past Performance Applicability forCommercial Acquisitions
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Past Performance - General
Where an evaluation is based only
on price and past performance
(Performance Price Trade-Off (PPT)),
award will be made based on
whether the lowest priced of the
offers, having the highest past
performance rating, represents
the best value when compared to
any lower priced offer.
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-- The content and format of performance evaluations are
established in accordance with agency procedures
and should be tailored to the size, content, and
complexity of the contractual requirements
-- These procedures shall require an assessment of
contractor performance against, and efforts to achieve,
the goals identified in the small business subcontracting
plan when the contract includes Clause 52.219-9,
Small Business Subcontracting Plan.
Past Performance – General (cont)
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A past performance evaluation is required for contract awards in accordance with Director of Defense Procurement Class Deviation 99-O0002 dated January 29, 1999.
Requirement thresholds are:
-- $5 million for systems and operations support
-- $1 million for services, information technology
-- $100,000 for fuels or health care.
Past Performance Evaluations
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Past performance evaluations result in
an assessment of the government’s
confidence in the offeror’s ability to fulfill
the solicitation requirements while meeting
schedule, budget, and performance quality
constraints
Past performance evaluation considers each offeror's demonstrated record of performance in supplying products
and services that meet users' needs.
Past Performance Evaluations (cont)
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Past performance information is obtained from :
-- The Past Performance Information Retrieval System (PPIRS)
-- Questionnaires tailored to the circumstances of the acquisition
-- Defense Contract Management Agency
-- Interviews with program managers and contracting officers
-- Information from previous source selections or contractor capability
assessments, if the information is recent and relevant
-- Other sources known to the government
The recency and relevancy of the past performance information is important in determining what contracts/programs/effort are evaluated
Recency and relevancy definitions are individually tailored for each acquisition
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The evaluation should take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition.
Offerors without a record of relevant past performance or for whom information on past performance is not available or the offeror’s performance record is so limited that no confidence assessment rating can be reasonable assigned will not be evaluated favorably or unfavorably.
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If adverse past performance information, to which the contractor has had no opportunity to respond, is the reason an offeror may not receive an award without discussions or be excluded from the competitive range
-- The offeror must be provided an opportunity to address the information
-- This exchange occurs through the issuance of a “Clarification” or “Communications” evaluation notice (EN)

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“Performance confidence assessment” is an evaluation of the likelihood (or government’s confidence) that the offeror will successfully complete the solicitation’s requirements; based upon past performance.
The performance confidence assessment is established through an integrated analysis of those positive performance indicators and negative performance indicators identified at the Mission Capability subfactor and Cost/Price factor level as determined by the offeror’s recent, current and relevant contract performance.
A performance confidence rating is normally assessed at an overall factor level after evaluating aspects of the offeror's recent past performance, focusing on performance that is relevant to mission capability sub-factors and cost or price.
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Past Performance Confidence Ratings
.

Past Performance Relevancy Definitions
VERY RELEVANT: Past/present performance programs involved essentially the same magnitude of effort and complexities this solicitation requires
RELEVANT: Past/present performance programs involved much of the magnitude of effort and complexities this solicitation requires
SOMEWHAT-RELEVANT: Past/present performance programs involved some of the magnitude of effort and complexities this solicitation requires
NOT RELEVANT: Past/present performance programs did not involve any magnitude of effort and complexities this solicitation requires

Past Performance Quality Definitions
BLUE/EXCEPTIONAL - The contractor’s performance meets contractual requirements and exceeds many (requirements) to the Government’s benefit. The contractual performance was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective
PURPLE/VERY GOOD- The contractor’s performance meets contractual requirements and exceeds some (requirements) to the Government’s benefit. The contractual performance was accomplished with some minor problems for which corrective actions taken by the contractor were effective
GREEN/SATISFACTORY – The contractor’s performance meets contractual requirements. The contractual performance contained some minor problems for which corrective actions taken by the contractor appear or were satisfactory
YELLOW/MARGINAL – Performance does not meet some contractual requirements. The contractual performance reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor’s proposed actions appear only marginally effective or were not fully implemented
RED/UNSATISFACTORY – Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective
NOT APPLICABLE - Unable to provide a score.

52.212-1 -- Instructions to Offerors -- Commercial Items
--Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information)
Commercial Clauses
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Commercial Clauses (cont)
52.212-2 -- Evaluation -- Commercial Items
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
___________________________________________[Contracting Officer shall insert the significant evaluation factors, such as
(i) technical capability of the item offered to meet the Government
requirement
(ii) price
(iii) past performance
(iv) small disadvantaged business participation
The relative order of importance of the evaluation factors will be specified.
Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]
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Using the uniform contract format
Section L, Instructions to Offerors
- Directs offerors to supply the information the source selection team will need, in the format they need, to conduct their evaluation and award contracts to successful offeror
Section M, Evaluation Factors for Award
- This section forms the basis for evaluating offerors' proposals and is the only section of the solicitation that communicates to offerors the criteria the Government will use to make the best value award decision
Except when a officer documents the reason past performance is not an appropriate evaluation factor for an acquisition, past performance shall be evaluated in all source selections for negotiated competitive acquisitions expected to exceed the simplified acquisition threshold ($100k)
Non-Commercial Evaluations
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POST-AWARD
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IAW FAR 42.1502(a), agencies shall prepare an evaluation of contractor performance for each contract that exceeds the simplified acquisition threshold at the time the work under the contract is completed
-- Interim evaluations should be prepared as specified by
the agencies to provide current information for source
selection purposes, for contracts with a period of
performance, including options, exceeding one year
-- This evaluation is generally for the entity, division, or unit
that performed the contract.
Past Performance
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Past Performance
Federal Acquisition Regulation (FAR) 42.1501
Past performance information is relevant information, for future source selection purposes, regarding a contractor’s actions under previously awarded contracts. It includes:
-- Contractor’s record of conforming to contract requirements
and to standards of good workmanship
-- Contractor’s record of forecasting and controlling costs
-- Contractor’s adherence to contract schedules, including the
administrative aspects of performance
-- Contractor’s history of reasonable and cooperative behavior
and commitment to customer satisfaction
-- Contractor’s record of integrity and business ethics
-- Contractor’s business-like concern for the interest of the
customer
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Office of Federal Procurement Policy and
Federal Acquisition Regulations Require:
Why Evaluate Contractor Performance?
Collection and Maintenance of Past Performance Information (PPI) for Use in the Award Decisions for Competitive Acquisitions
DoD Directed Collection and Use of PPI in 1998
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Past Performance Information Retrieval System
CPARS
Contractor Performance Assessment Reporting System
ACASS/CCASS
Construction Contractor Appraisal Support System
Architect-Engineer Contract Administration Support Systems
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PPIRS

Federal Acquisition Regulation (FAR)
AcquisitionRegulation Supplements
CPARS Regulatory Requirements
FAR 42.1502: Agencies Shall Prepare an Evaluation of Contractor Performance
FAR 15.304: Past Performance Shall be Evaluated in All Source Selections for Negotiated Competitive Acquisitions
CPARS Shall be Used to Prepare Contractor Performance Evaluations
PPIRS Shall be Used as a Source of Past Performance Information in Source Selections
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Collection of Contractor Past Performance Information
Source Selections and OfferorPast Performance Information
ACASS/CCASS Regulatory Requirements
FAR 36.201: Contracting Activities Shall Evaluate Contractor Performance & Prepare Performance Reports for Construction Contracts
FAR 36.604: Contracting Activities Shall Evaluate Contractor Performance & Prepare Performance Reports for Architect-Engineer Contracts
FAR 15.304: Past Performance Shall be Evaluated in All Source Selections for Negotiated Competitive Acquisitions (Includes Construction)FAR 36.602: Selection of Firms for Architect-Engineer Contracts (Agency Must Consider Offeror Past Performance)
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Gov’t Assessing Officials(Team Input)
Gov’t Source Selection Officials
PPIRS
Contractor SeniorManagement
Contractor Representative
Past Performance Process Overview
ACASS
CCASS
CPARS
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Treated as Source Selection Sensitive Information IAW FAR 3.104
CPARS Assessments
Pre-Decisional in Nature
Protected Throughout Life CycleAccessible By:
Government Personnel with Need to Know
Contractor who is Subject of Evaluation
ACASS/CCASS Evaluations Retained for 6 Years in PPIRS After Completion by Reviewing Official
CPARS Retained for 3 Years in PPIRS After Contract Completion
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CPARS Reporting Thresholds
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ACASS/CCASS Reporting Thresholds
Architect-Engineer> $30,000* All Terminations
Construction > $550,000* Terminated for Default >$10,000
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Reporting Frequency
Initial ReportRequired if Period of Performance > 365 Days
Intermediate ReportsRequired Every 12 Months
Out of Cycle Report--Written if Significant Change in Performance
Final Report -- Required at Contract Completion
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All CPARs Are Due Within 120 Days After the End of the Assessment Period
Reporting Frequency
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ContractRegistration
Enter ProposedRatings
Validate ProposedRatings
ContractorComments
Review ContractorComments
Reviewing OfficialComments
Automated Workflow
EvaluationComplete
&
Sent to PPIRS

Automated:Focal Point
Manual:Focal PointContract Data EntryAssessing OfficialAssessing Official Rep
ContractorComments
CPARS Workflow

Primary Method
of Registration
Automated Contract Registration
Requirements
Focal Point Only
Auto Register Within 30 Days of Contract Award
Auto Register ONCE per Contract
Must Complete APM Field
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Manual Contract Registration
Requirements
Register Within 30 Days of Contract Award
Register ONCE per Contract
Enter Basic Contract Information
Must Complete Mandatory Fields
Note: Local policy will determine assignment of the Contract Registration function.
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Assessing Official Rep(s) Assessing Official
ContractorComments
CPARS Workflow

Enter Proposed Ratings
Assessing Official Rep Examples
GovernmentOnly!
Technical Experts
Contract Specialists
Contracting Officer
Contracting Officer’s Representative
Task / Order Monitor
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Ratings and Narrativesare the most importantpart of the CPAR!
Ratings & Narratives
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Elements Assessed
Services / Information Technology / Operations Support
Quality of Product or Service
Schedule
Cost Control
Business Relations
Management of Key Personnel
Small Business Utilization
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Ratings & Narratives
Rating Definitions

Assessing Official
ContractorComments
CPARS Workflow

Validate Proposed Ratings
Requirements
Review Admin Info (Blocks 1 – 17)
Validate Ratings & Narratives (Blocks 18 & 20)
Modify Ratings & Narratives (if necessary)
Return to AOR for Corrections
16,000 Character Limit (approximately 3 pages)
Name and Title (Block 21)
Send to Contractor Rep
Perform Quality Review Prior to Sending
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Contractor Rep
ContractorComments
CPARS Workflow

Contractor Comments
Requirements
30 Days to Respond
System Generated Weekly Email Notifications
7 Days to Request Meeting to Discuss CPAR
Review Admin Info (Blocks 1-17) , Ratings and Narratives
Provide Clear and Concise Responses (Block 22)
Provide Concurrence / Non-Concurrence, Name & Title (Block 23)
Send to Assessing Official
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Assessing Official
ContractorComments
CPARS Workflow

Review Contractor Comments
Requirements
Close CPAR
Modify CPAR
Send to Reviewing Official (if applicable)
51

WorkflowNote
If the Contractor fails to respond to the CPAR
within 30 days, the Assessing Official has the
option to pull back the CPAR and continue the
process by sending it to the Reviewing Official.
52

Reviewing Official
ContractorComments
CPARS Workflow

Reviewing Official Comments
Required
If the CPAR is Contentious
If the Contractor Does Not Respond
If Local Policy Mandates
Note: Local policy guidance regarding assignment of the Reviewing Official function may vary.
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Reviewing Official Comments
GovernmentOnly!
Requirements
Review CPAR
Blocks 1-23 (read only format)
Input Comments (Block 24)
Acknowledge Discrepancies Between Government Ratings / Narratives and Contractor Comments
Name and Title (Block 25)
Close CPAR
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PPIRS
ContractorComments
CPARS Workflow

Helpful Hints
During Performance Period
Communicate with Contractor
Provide Feedback
Document Performance Regularly
Status Reports
Earned Value Management Data
Monthly Certificates of Service
Award Fee Evaluations
Program Reviews
Earned Contract Incentives
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CPARS Summary
Facilitates Communication / Cooperation Between Government and Industry
Provides Past & Current Performance Information
- Contains Ratings & Narrative by Government
- Contains Narrative by Industry
Motivates Improved Performance
Used in Source Selection to Support Best Value Decisions
- Information Retrieved from PPIRS
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PPIRS
www.ppirs.gov
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PPIRS
Federal Repository for Completed Assessments
Contractor Performance Assessment Reporting System (CPARS)
Architect – Engineer Contract Administration Support System (ACASS)
Construction Contractor Appraisal Support System (CCASS)
National Aeronautics and Space Administration (NASA) Past Performance Data Base (PPDB)
National Institute of Health (NIH) Contractor Performance System (CPS)
www.ppirs.gov
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PPIRS
Contractor Access
Controlled through Central Contractor Registration (CCR) Process
Visit www.ccr.gov for More Information
View Completed Evaluations at www.ppirs.gov
Select “PPIRS-RC Logon”
www.ppirs.gov
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Benefits of the program include:
Facilitating government-contractor communication
Motivating improved contractor performance
Preparing contractor report cards to be used in support of Government source selections
Topics to be covered during the seminar:
CPARS policy Workflow process
Automation New features
Helpful hints for using the system
One Day Training Seminar
62

7. past performance_seminar

by Colorado PTAC

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