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CRS – Evaluating the "Past Performance" of Federal Contractors: Legal Requirements and Issues

Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues. Kate M. Manuel, Legislative Attorney, February 4, 2013

  • “Poor performance under a federal contract can have immediate consequences for contractors, who could be denied award or incentive fees, required to pay liquidated damages, or terminated for default. In addition, it could affect their ability to obtain future contracts because various provisions of federal law require agencies to evaluate contractors’ “past performance” and consider past performance information when making source selection decisions in negotiated procurements and when determining whether prospective contractors are “responsible.” “Past performance” refers to contractors’ performance on “active and physically completed contracts.” Currently, federal law requires agencies to evaluate and document contractor performance on all contracts whose value exceeds $150,000. The evaluation must address the contractor’s performance vis-à-vis any required subcontracting plan and may address its conformity to contract requirements, adherence to contract schedules, and related factors. The evaluation and any contractor response comprise the past performance information that is stored in government databases (e.g., Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS)) and may be used in future source selection decisions.
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