DATE: Octobber 1, 2001

SUBJECT: Agriculture Acquisition Regulation (AGAR); Designation and Mandatory Use of Contractor Performance System

SOURCE: Federal Register, October 1, 2001, Vol. 66, No. 190, page 49866

AGENCIES: Office of Procurement and Property Management, Department of Agriculture (USDA)

ACTION: Final Rule

SYNOPSIS: USDA is amending AGAR Subpart 442.15, Contractor Performance Information, to establish the National Institutes of Health (NIH) Contractor Performance System as the single USDA-wide automated performance evaluation system.

EDITOR'S NOTE: The AGAR is Chapter 4 of Title 48 of the Code of Federal Regulations. It is available on the Internet at http://www.usda.gov/da/procure/agar/index.html.

For more on the notice of proposed rulemaking (NPRM), see the September 12, 2000, FEDERAL CONTRACTS DISPATCH "Agriculture Acquisition Regulation (AGAR); Designation and Mandatory Use of Contractor Performance System."

EFFECTIVE DATE: November 30, 2001.

FOR FURTHER INFORMATION CONTACT: Patrice K. Honda, 202-720-8924.

SUPPLEMENTAL INFORMATION: AGAR 442.1502, Policy, provided that the heads of the contracting activities are responsible for establishing past performance evaluation procedures and systems as required by FAR 42.1502, Policy, and FAR 42.1503, Procedures. USDA decided that a single automated performance evaluation system should be used agency-wide and identified the NIH Contractor Performance System as that system. Therefore, on September 12, 2000, USDA published a NPRM stating its intent to amend the AGAR to identify that system and specify its mandatory use by all USDA contracting activities.

One person submitted comments, but the USDA has decided to finalize the proposed rule as published. Therefore, AGAR 442.1502 is amended to read as follows:

"The Contractor Performance System (CPS), developed by the National Institutes of Health, is designated as the single USDA-wide system for maintaining contractor performance/evaluation information. Use of the CPS is mandatory. As a minimum, the CPS shall be accessed for contractor past performance information as part of proposal evaluation in accordance with FAR 15.3 [Source Selection], and information resulting from the evaluation of contractor performance in accordance with FAR 42.15 [Contractor Performance Information] shall be entered into and maintained in this system. The CPS is a part of the USDA Acquisition Toolkit which can be accessed from the USDA Procurement Homepage at http://www.usda.gov/procurement."

EDITOR'S NOTE: Information about the NIH Contractor Performance System is available on the Internet at http://ocm.od.nih.gov/cdmp/cps.htm.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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