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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: September 12, 2000

FROM: Barry McVay, CPCM

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

SOURCE: Federal Register, September 12, 2000, Vol. 65, No. 177, page 54986

AGENCIES: Department of Agriculture (USDA)

ACTION: Notice of Proposed Rulemaking (NPRM)

SYNOPSIS: USDA proposes to amend 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/procurement/policy/agar_x/index.html.

On June 9, 2000, the U.S. Agency for International Development amended the Agency for International Development Acquisition Regulation (AIDAR) to make the NIH Contractor Performance System its agency-wide automated performance evaluation system (with an exception for certain overseas contracts). For more on the AIDAR amendments, see the June 9, 2000, FEDERAL CONTRACTS DISPATCH "Agency for International Development Acquisition Regulation (AIDAR) Circular 00-1; Contractor Performance Evaluation."

DATES: Comments on the NPRM should be submitted no later than November 13, 2000.

ADDRESSES: Submit written comments to Patrice K. Honda, U.S. Department of Agriculture, Office of Procurement, Property and Emergency Preparedness, Procurement Policy Division, Stop 9303, 1400 Independence Avenue SW, Washington, DC 20250-9303; e-mail: pat.honda@usda.gov; facsimile: 202-720-8972.

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

SUPPLEMENTAL INFORMATION: AGAR 442.1502, Policy, provides 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 has decided that a single automated performance evaluation system should be used agency-wide and has identified the NIH Contractor Performance System as that system. Therefore, the USDA proposes to amend AGAR 442.1502 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 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/da/procure.html."

EDITOR'S NOTE: Actually, the USDA Procurement Homepage has been moved to http://www.usda.gov/procurement/, and the USDA Acquisition Toolkit is available at http://www.usda.gov/procurement/toolkit/index.html.

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: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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