![](media/image1.wmf){width="0.8243055555555555in"
height="0.6888888888888889in"} Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-74

> **July 5, 2002**

## CONTRACTOR PERFORMANCE INFORMATION 

***BACKGROUND:*** This change revises 1842.1502, Contractor Performance
Information - Policy, to eliminate the redundancy in performance
evaluations on contracts where the length of time between the last
interim evaluation and the final evaluation is relatively short. When
the award anniversary is within 3 months of the end of the contract
period of performance, the requirement to conduct both an interim and
final evaluation creates an added burden on the evaluators as well as
the contractor.

***ACQUISITIONS AFFECTED BY CHANGES:*** All contracts that are subject
to the requirements of FAR 42.15 and 1842.15.

***ACTION REQUIRED BY CONTRACTING OFFICERS:*** Contracting officers must
conduct interim evaluations of performance on contracts subject to FAR
Subpart 42.15 and in accordance with 1842.1502.

***Clause/PROVISION Changes:*** There are no clause or provision changes
as a result of this PN.

***PARTS AFFECTED:*** Changes are made in Part 1842.

***REPLACEMENT PAGES:*** You may use the enclosed pages to replace 42:9
and 42:10.

***TYPE OF RULE AND PUBLICATION DATE:*** This PN was published as a
final rule in the Federal Register (67 FR 44777) on July 5, 2002.

***HEADQUARTERS CONTACT:*** Yolande Harden, Code HK, (202) 358-1279
e-mail: yharden@hq.nasa.gov.

R. Scott Thompson

Director, Contract Management Division

Enclosures

**DISTRIBUTION:**

**PN List**

**(*b*)** If deductions are in excess of contractor claims, recovery may
be made through a direct refund from the contractor, in the form of a
check payable to NASA, or by a set-off deduction from the voucher(s)
submitted by the contractor under any other contract, unless those
contracts contain a \"no set-off\" provision. If a set-off is affected,
the voucher(s) from which the deduction is made should be annotated to
identify the contract and appropriation affected and the applicable NASA
Form 456.

**Subpart** **1842.12\--Novation and Change-of-Name Agreements**

**1842.1203**  **Processing** **agreements.**

\(b\) The installation shall immediately notify the Headquarters Office
of Procurement (Code HS) of the request to execute a novation
(successor-in-interest) or change-of-name agreement.

\(h\) The contracting officer shall forward one copy of the agreement to
Code HS.

**1842.1203-70 DOD processing of novation** **and change-of-name
agreements on behalf** **of**

**NASA.**

\(a\) Copies of novation and change-of-name agreements executed by DOD
on behalf of NASA are maintained by the Headquarters Office of
Procurement (Code HS).

\(b\) Code HS is the Agency point of contact for issues related to
proposed novation agreements. With the concurrence of Code HS, an
installation may execute a separate agreement with the contractor.

**Subpart** **1842.13\--Suspension of Work, Stop-Work Orders, and**

**Government Delay of Work**

**1842.1305 Contract clauses.**

\(b\) FAR 52.242-15, Stop-Work Order, shall not be used in solicitations
or contracts for research performed by educational or other nonprofit
institutions.

**Subpart** **1842.14\--Traffic and Transportation Management**

**1842.1405** **Discrepancies** **incident** **to** **shipment** **of**
**supplies.**

\(a\) NASA personnel shall also report discrepancies and adjust claims
for loss of and damage to Government property in transit in accordance
with NPG 6200.1, NASA Transportation and General Traffic Management.

**Subpart** **1842.15\--Contractor Performance Information**

**1842.1501 General.**

Communications with contractors are vital to improved performance and
this is NASA's primary objective in evaluating past performance. Other
objectives include providing data for future source selections. While
the evaluations must reflect both shortcomings and achievements during
performance, they should also elicit from the contractors their views on
impediments to improved performance emanating from the Government or
other sources.

**1842.1502 Policy.**

\(a\) Within 60 days of every anniversary of the award of a contract
having a term exceeding one year, contracting officers must conduct
interim evaluations of performance on contracts subject to FAR Subpart
42.15 and this subpart. Interim evaluations are not required on
contracts whose award anniversary is within 3 months of the end of the
contract period of performance. The final evaluation will include an
evaluation of the period between the last interim evaluation and the end
of the contract period of performance. Interim performance evaluations
are optional for SBIR/STTR Phase II contracts. A final evaluation
summarizing all performance must be conducted on all contracts.

**1842.1503 Procedures.**

\(a\) The contracting officer shall determine who (e.g., the technical
office or end users of the products or services) evaluates appropriate
portions of the contractor's performance. The evaluations are subjective
in nature. Nonetheless, the contracting officer, who has responsibility

for the evaluations, shall ensure that they are reasonable.

\(b\) NASA Form 1680, entitled, \"Evaluation of Performance,\" shall be
used to document evaluations. This provides for a five-tiered rating
(using the definitions for award fee evaluation scoring found in
1816.405-275) covering the following attributes: quality, timeliness,
price or control of costs (not required for firm-fixed-price contracts
or firm-fixed-price contracts with economic price adjustment), and other
considerations. Evaluations used in determining award fee payments
satisfy the requirements of this subpart and do not require completion
of NASA Form 1680. In addition, hybrid contracts containing both award
fee and non-award fee portions do not require completion of NASA Form
1680. Contracting Officers shall ensure that the Government discusses
all evaluations with contractors and shall record the date and the
participants on the evaluation form. Contracting officers shall sign and
date the evaluation after considering any comments received from the
contractor within 30 days of the contractor's receipt of the evaluation.
If a contractor in its timely comments disagrees with an evaluation and
requests a review at a level above the contracting officer, it shall be
provided within 30 days. While the FAR forbids use of the evaluations
for source selections more than three years after contract completion,
they shall nevertheless be retained in the contract file as provided in
FAR 4.8, Government Contract Files.

**Subpart** **1842.70\--Additional** **NASA Contract Clauses**

**1842.7001  Observance of legal** **holidays.**

\(a\) The contracting officer shall insert the clause at 1852.242-72,
Observance of Legal Holidays, in contracts when work will be performed
at a NASA installation.

\(b\) The clause shall be used with its Alternate I in
cost-reimbursement contracts when it is desired that contractor
employees not have access to the installation during Government
holidays. This alternate may be appropriately modified for fixed-price
contracts.

\(c\) The clause may be used with its Alternate II in cost-reimbursement
contracts when it is desired that administrative leave be granted
contractor personnel in special circumstances, such as inclement weather
or potentially hazardous conditions. This alternate may be appropriately
modified for fixed-price contracts.

1842.7002  Travel outside of the United States.