[Federal Register: June 9, 2000 (Volume 65, Number 112)]
[Rules and Regulations]               
[Page 36642]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn00-20]                         


[[Page 36642]]

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AGENCY FOR INTERNATIONAL DEVELOPMENT

48 CFR Parts 715 and 742

[AIDAR Circular 00-1]
RIN 0412-AA44

 
Contractor Performance Evaluation

AGENCY: Agency for International Development.

ACTION: Final rule.

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SUMMARY: The U.S. Agency for International Development is amending the 
USAID Acquisition Regulation (AIDAR) to implement its contractor 
performance evaluation system as a subscriber to the National 
Institutes of Health (NIH) Contractor Performance System.

EFFECTIVE DATE: July 10, 2000.

FOR FURTHER INFORMATION CONTACT: M/OP/P, Mr. Kenneth Monsess, U.S. 
Agency for International Development (USAID), 1300 Pennsylvania Ave., 
N.W., Washington, D.C. 20523. Telephone: (202) 712-4913. E-mail: 
partperformance@usaid.gov.

SUPPLEMENTARY INFORMATION: The AIDAR is being amended to implement 
USAID's adoption of the NIH Contractor Performance System. As a 
corollary to the implementation of this system, USAID has authorized a 
deviation to the Federal Acquisition Regulation (FAR) to:
    1. recognize that USAID personal services contractors are 
Government personnel with respect to the restriction on the disclosure 
of contractor performance information in FAR 42.1503(b) when such 
access is required in the performance of their duties as contracting 
office personnel and/or in their participation on source evaluation 
panels; and
    2. exempt USAID personal services contracts from the FAR 42.1502(a) 
requirement for preparing contractor performance evaluations.
    The changes made by this Notice are administrative and not 
considered major rules as defined by E.O. 12866. This Notice will 
neither impact a substantial number of small entities, nor establish an 
information collection as contemplated by the Regulatory Flexibility 
Act and the Paperwork Reduction Act. Because of the nature of this 
Notice, use of the proposed rule/public comment approach was not 
considered necessary. USAID has decided to issue this Notice as a final 
rule; however, the Agency welcomes public comment on the material 
covered by this Notice or any part of the AIDAR at any time. Comments 
or questions may be addressed as specified in the FOR FURTHER 
INFORMATION CONTACT section of the preamble.

List of Subjects in 48 CFR Parts 715 and 742

    Government procurement.

    Accordingly, for the reasons set out in the preamble, 48 CFR 
Chapter 7 is amended as follows:
    1. The authority citations in Parts 715 and 742 continue to read as 
follows:

    Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 
1979 Comp., p. 435.

SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES

PART 715--CONTRACTING BY NEGOTIATION

Subpart 715.3--Source Selection

    2. In Section 715.305, paragraph (a) is added to read as follows:


715.305  Proposal evaluation.

    (a)(1) [Reserved].
    (2) USAID shall use the information on offerors made available from 
the NIH Contractor Performance System to evaluate past performance. 
(Access to the system by USAID contracting office personnel is 
authorized by the USAID Past Performance Coordinator, E-mail address: 
AIDNET: Past Performance@op.spu@aidw/Internet: 
pastperformance@usaid.gov.)
* * * * *

AIDAR Subchapter G--Contract Management

PART 742--CONTRACT ADMINISTRATION

    3. Subpart 742.15 is added to read as follows:
Subpart 742.15--Contractor Performance Information
Sec.
742.1501   [Reserved]
742.1502   Policy.
742.1503   Procedures.

Subpart 742.15--Contractor Performance Information


742.1501  [Reserved]


742.1502  Policy.

    (a) USAID contracting officers shall report contractor performance 
information at least annually, employing the procedures prescribed by 
the NIH Contractor Performance System. (Access to the system by USAID 
contracting officer personnel is authorized by the USAID Past 
Performance Coordinator, E-mail address: AIDNET: Past 
Performance@op.spu@aidw/Internet: pastperformance@usaid.gov.)
    (b) Performance for personal services contracts awarded under AIDAR 
Appendices D and J shall not be evaluated under the contractor 
performance reporting procedures prescribed in FAR subpart 42.15.


742.1503  Procedures.

    (a) [Reserved]
    (b) Personal services contractors shall be recognized as Government 
personnel for the purposes of the restriction on access to contractor 
performance information in FAR 42.1503(b).

    Dated: May 2, 2000.
Rodney W. Johnson,
Director, Office of Procurement.
[FR Doc. 00-13486 Filed 6-8-00; 8:45 am]
BILLING CODE 6116-01-M