## JSC PROCUREMENT INSTRUCTION

## PART 42 CONTRACT ADMINISTRATION AND AUDIT SERVICES

## SUBPART 42.15 CONTRACTOR PERFORMANCE INFORMATION

## 42.1503 Procedures.

\(c\) Using the automated Past Performance Database (PPDB) system, an
Evaluation of Performance (NASA Form 1680) shall be prepared by the
contract specialist/CO within 15 days after the end of the evaluation
period. The evaluation shall be performed by the contracting officer
(CO) and Contracting Officer's Technical Representative (COTR) and
forwarded to the contractor for review. The contractor has 30 days to
reply. The evaluation process must be completed within 60 days of end of
evaluation period and the final CO signature date must be annotated on
the NF 1680 (2^nd^ page) to enter it into the PPDB system. In addition
to the final NF1680 interim evaluation, a final NF1680 evaluation
covering the entire contract period of performance shall be completed;
except for award fee contracts. (Note: Once an evaluation is entered in
the system, the PPDB can only be changed by contacting a PPDB Super User
in BD/Procurement Policy and Systems Office.)

A completed copy of NF 1680, signed by the contracting officer, shall be
included in the contract file (under Tab 117 of NF 1098). Also an
original signed hardcopy shall be mailed to the contractor.

If contractor performance is determined to be unsatisfactory in any of
the four evaluation categories, the CO shall follow the procedures in BA
Unique Work Instruction 006, Corrective Action Procedure for Contracts
and Purchase Orders. Based on recommendations from the COTR, the CO
shall ensure that the contractor develops and implements a corrective
action plan where appropriate. The corrective action plan shall include
a statement of the root cause of the non-conformance, actions required
to correct the problem, and a schedule for completion of the plan. The
CO shall maintain oversight of the plan to ensure its implementation.
Final and interim reports of unresolved nonconformances giving the
status of the corrective action shall be provided to the Procurement
Officer at the end of each calendar quarter

For further information, instruction and guidance on the NF1680 process
at JSC, buyers may access the website located at
http://officeofprocurement.jsc.nasa.gov/nf1680.htm **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](http://www.arnet.gov/far/current/html/Subpart_42_15.html#1046571)**
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**](http://www.hq.nasa.gov/office/procurement/regs/1816.htm#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**](http://www.arnet.gov/far/current/html/Subpart_4_8.html#1039025),
Government Contract Files. 

**1816.405-275 Award fee evaluation scoring.**

\(a\) A scoring system of 0-100 shall be used for all award fee ratings.
Award fee earned is determined by applying the numerical score to the
award fee pool. For example, a score of 85 yields an award fee of 85
percent of the award fee pool. No award fee shall be paid unless the
total score is 61 or greater.

\(b\) The following standard adjectival ratings and the associated
numerical scores shall be used on all award fee contracts.

\(1\) **[Excellent]{.underline}** (100-91): Of exceptional merit;
exemplary performance in a timely, efficient, and economical manner;
very minor (if any) deficiencies with no adverse effect on overall
performance.

\(2\) **[Very good]{.underline}** (90-81): Very effective performance,
fully responsive to contract requirements; contract requirements
accomplished in a timely, efficient, and economical manner for the most
part; only minor deficiencies.

\(3\) **[Good]{.underline}** (80-71): Effective performance; fully
responsive to contract requirements; reportable deficiencies, but with
little identifiable effect on overall performance.

\(4\) **[Satisfactory]{.underline}** (70-61): Meets or slightly exceeds
minimum acceptable standards; adequate results; reportable deficiencies
with identifiable, but not substantial, effects on overall performance.

\(5\) **[Poor/Unsatisfactory]{.underline}** (less than 61): Does not
meet minimum acceptable standards in one or more areas; remedial action
required in one or more areas; deficiencies in one or more areas which
adversely affect overall performance.

\(c\) As a benchmark for evaluation, in order to be rated \"Excellent,\"
the contractor must be under cost, on or ahead of schedule, and have
provided excellent technical performance.

\(d\) A scoring system appropriate for the circumstances of the
individual contract requirement should be developed. Weighted scoring is
recommended. In this system, each evaluation factor (e.g., technical,
schedule, cost control) is assigned a specific percentage weighting with
the cumulative weightings of all factors totaling 100. During the award
fee evaluation, each factor is scored from 0-100 according to the
ratings defined in 1816.405-275(b). The numerical score for each factor
is then multiplied by the weighting for that factor to determine the
weighted score. For example, if the technical factor has a weighting of
60 percent and the numerical score for that factor is 80, the weighted
technical score is 48 (80 x 60 percent). The weighted scores for each
evaluation factor are then added to determine the total award fee score

## Subpart 42.15---Contractor Performance Information 

### 42.1500  Scope of subpart. 

This subpart provides policies and establishes responsibilities for
recording and maintaining contractor performance information. This
subpart does not apply to procedures used by agencies in determining
fees under award or incentive fee contracts. However, the fee amount
paid to contractors should be reflective of the contractor's performance
and the past performance evaluation should closely parallel the fee
determinations.

### 42.1501  General. 

Past performance information is relevant information, for future source
selection purposes, regarding a contractor's actions under previously
awarded contracts. It includes, for example, the contractor's record of
conforming to contract requirements and to standards of good
workmanship; the contractor's record of forecasting and controlling
costs; the contractor's adherence to contract schedules, including the
administrative aspects of performance; the contractor's history of
reasonable and cooperative behavior and commitment to customer
satisfaction; and generally, the contractor's business-like concern for
the interest of the customer.

### 42.1502  Policy. 

\(a\) Except as provided in paragraph (b) of this section, agencies
shall prepare an evaluation of contractor performance for each contract
that exceeds the simplified acquistion threshold at the time the work
under the contract is completed. In addition, interim evaluations should
be prepared as specified by the agencies to provide current information
for source selection purposes, for contracts with a period of
performance, including options, exceeding one year. This evaluation is
generally for the entity, division, or unit that performed the contract.
The content and format of performance evaluations shall be established
in accordance with agency procedures and should be tailored to the size,
content, and complexity of the contractual requirements. These
procedures shall require an assessment of contractor performance
against, and efforts to achieve, the goals identified in the small
business subcontracting plan when the contract includes the clause at
52.219-9, Small Business Subcontracting Plan.

\(b\) Agencies shall not evaluate performance for contracts awarded
under Subpart 8.7. Agencies shall evaluate construction contractor
performance and architect/engineer contractor performance in accordance
with 36.201 and 36.604, respectively.

### 42.1503  Procedures. 

\(a\) Agency procedures for the past performance evaluation system shall
generally provide for input to the evaluations from the technical
office, contracting office and, where appropriate, end users of the
product or service.

\(b\) Agency evaluations of contractor performance prepared under this
subpart shall be provided to the contractor as soon as practicable after
completion of the evaluation. Contractors shall be given a minimum of
30 days to submit comments, rebutting statements, or additional
information. Agencies shall provide for review at a level above the
contracting officer to consider disagreements between the parties
regarding the evaluation. The ultimate conclusion on the performance
evaluation is a decision of the contracting agency. Copies of the
evaluation, contractor response, and review comments, if any, shall be
retained as part of the evaluation. These evaluations may be used to
support future award decisions, and should therefore be marked "Source
Selection Information." Evaluation of Federal Prison Industries (FPI)
performance may be used to support a waiver request (see 8.604) when FPI
is a mandatory source in accordance with Subpart 8.6. The completed
evaluation shall not be released to other than Government personnel and
the contractor whose performance is being evaluated during the period
the information may be used to provide source selection information.
Disclosure of such information could cause harm both to the commercial
interest of the Government and to the competitive position of the
contractor being evaluated as well as impede the efficiency of
Government operations. Evaluations used in determining award or
incentive fee payments may also be used to satisfy the requirements of
this subpart. A copy of the annual or final past performance evaluation
shall be provided to the contractor as soon as it is finalized.

\(c\) Departments and agencies shall share past performance information
with other departments and agencies when requested to support future
award decisions. The information may be provided through interview
and/or by sending the evaluation and comment documents to the requesting
source selection official.

\(d\) Any past performance information systems, including automated
systems, used for maintaining contractor performance information and/or
evaluations should include appropriate management and technical controls
to ensure that only authorized personnel have access to the data.

\(e\) The past performance information shall not be retained to provide
source selection information for longer than three years after
completion of contract performance.