DATE: October 31, 2002

SUBJECT: Environmental Protection Agency Acquisition Regulation (EPAAR); Contractor Performance Evaluations

SOURCE: Federal Register, October 31, 2002, Vol. 67, No. 211, page 66342

AGENCIES: Environmental Protection Agency (EPA)

ACTION: Final Rule

SYNOPSIS: EPA is amending EPAAR 1509.170 and EPAAR 1552.209-76, both entitled "Contractor Performance Evaluations," to allow contracting officers to use the National Institutes of Health (NIH) Contractor Performance System to record contractor performance system for construction-type acquisitions in place of the Federal Acquisition Regulation (FAR) prescribed Standard Form 1420, Performance Evaluation (Construction Contracts).

EDITOR'S NOTE: The EPA Acquisition Regulation (EPAAR) is Chapter 15 of Title 48 of the Code of Federal Regulations. It is available on the Internet at http://www.epa.gov/oamrfp12/ptod/epaar.pdf.

For more on the proposed rule, see the February 20, 2002, FEDERAL CONTRACTS DISPATCH "Environmental Protection Agency Acquisition Regulation (EPAAR); Contractor Performance Evaluations."

EFFECTIVE DATE: December 2, 2002.

FOR FURTHER INFORMATION CONTACT: Frances Smith, U.S. Environmental Protection Agency, Office of Acquisition Management, Mail Code 3802R, 1200 Pennsylvania Avenue, NW, Washington, DC 20460; 202-564-4368.

SUPPLEMENTAL INFORMATION: EPA contracting officers are required by EPAAR 1509.170-5, Policy, to use the services module of the NIH system to evaluate the performance of contractors that are awarded EPA contracts in excess of $100,000. However, EPA did not use the construction module of the NIH system because FAR 36.201, Evaluation of Contractor Performance, requires that a Standard Form (SF) 1420 be prepared upon completion of all construction contracts over $500,000.

NIH obtained approval from the Civilian Agency Acquisition Council regarding the use of its construction module in place of the Standard Form 1420. Therefore, on February 20, 2002, EPA proposed to revise EPAAR 1509.170 and EPAAR 1552.209-76 to authorize the use of the NIH construction module for contractor performance evaluation instead of the SF 1420. No comments were received, so the proposed rule is finalized without change.

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

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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