AGAR ADVISORY

## UNITED STATES DEPARTMENT OF AGRICULTURE

OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT

**AGAR ADVISORY NUMBER (NO.) 88** 

**NATIONAL INSTITUTES OF HEALTH (NIH) CONTRACTOR PERFORMANCE SYSTEM
(CPS)** 

**INTRODUCTION:** This Agriculture Acquisition Regulation (AGAR)
Advisory cancels AGAR Advisory 51 dated April 21, 2008, and updates all
references concerning past performance and the National Institutes of
Health (NIH) Contractor Performance System (CPS). Updates have been made
to the Summary and Specific Issues, Use of the NIH CPS-Guides. This AGAR
Advisory has been prepared to consolidate information provided by prior
AGAR Advisories concerning past performance and NIH CPS.

**SUMMARY:** The NIH CPS is the single USDA-wide system used to collect,
maintain, and disseminate contractor performance evaluations. USDA
renewed a financial arrangement with NIH to allow USDA access to CPS.
Use of the NIH CPS is mandatory. This AGAR Advisory supplements the
information at AGAR subpart 442.1502 and replaces AGAR Advisory No. 51,
dated April 21, 2008.

**SPECIFIC ISSUES**:

-   **Federal Acquisition Regulation (FAR) Requirements -- Past
    Performance**.

    -   *Source Selection:* FAR 15.304(c)(3)(i) states that "past
        performance shall be evaluated in all source selections for
        negotiated competitive acquisitions expected to exceed the
        simplified acquisition threshold."

    -   *General Evaluation Requirements:* FAR 42.1502(a) states that
        "agencies shall prepare an evaluation of contractor performance
        for each contract that exceeds the simplified acquisition
        threshold at the time the work under the contract is completed.
        In addition interim evaluations should be prepared . . . to
        provide current information for source selection purposes, for
        contracts with a period of performance, including options,
        exceeding one year."

    -   *Construction:* FAR 36.201(a)(1) states that "The contracting
        activity shall evaluate contractor performance and prepare a
        performance report using the SF 1420, Performance Evaluation
        (Construction Contracts), for each construction contract of
        -- (i) \$550,000 or more; or (ii) More than \$10,000 if the
        contract was terminated for default."

    -   *Architect-Engineer:* FAR 36.604(a) states that "For each
        contract of more than \$30,000, performance evaluation reports
        shall be prepared by the cognizant contracting activity, using
        the SF 1421, Performance Evaluation (Architect-Engineer).
        Performance evaluation reports may also be prepared for
        contracts of \$30,000 or less."

 

-   **AGAR Requirements -- Use of NIH CPS**.

 

> Effective October 1, 1998, the NIH CPS was designated as the primary
> USDA-wide system for maintaining contractor performance and evaluation
> information, and its use became mandatory for USDA. This requirement
> to utilize the NIH CPS was incorporated into the AGAR subpart 442.1502
> by AGAR Acquisition Circular 96-03.

 

> CPS will follow all FAR requirements for past performance.
>
> ** **

-   **NIH CPS Enhancements /Releases**.

> When NIH releases the Architect-Engineer (A&E) module, the information
> from the performance evaluation reports currently completed on the SF
> 1421s shall be entered into and maintained in the system.

 

-   **Applicable Deviations**.

 

-   The USDA Senior Procurement Executive has authorized a class
    deviation permitting USDA, as a subscriber of the NIH CPS, to use
    the NIH CPS Contractor Performance Insert Forms in lieu of the SF
    1420 and SF 1421.

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-   A 1999 NIH class deviation permitted the use of the NIH CPS Insert
    Form in lieu of the SF 1420 (construction). The attached class
    deviation authorized by USDA, expands the 1999 deviation to also
    include the SF 1421 (architect-engineer).

-   The attached class deviation is effective until issuance of a change
    to the FAR.

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-   **CPS Agency Contracting Activity Organization Administrator (OA).**

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-   Head of Contracting Activity Designee (HCAD) will designate
    individuals to serve as a CPS Organizational Administrator (OA) for
    their applicable agency. To create agency OA's accounts, contact
    Jackie Kelly, USDA CPS System Administrator of the Procurement
    Policy Division (PPD) in the Office of Procurement and Property
    Management (OPPM) at (202) 690-0021 or by email at
    <JacquelineE.Kelly@usda.gov>.

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-   Once individuals receive access into CPS, HCAD will email Todd
    Repass at <Todd.Repass@usda.gov> to update USDA Procurement website
    CPS Organization Administrator Listing at,
    <http://www.da.usda.gov/procurement/toolkit/purchasingtools.htm>.

-   For training opportunities, designated CPS OAs may contact Jackie
    Kelly at the contact information above.

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-   **NIH CPS Guides:**

> Based on a review of USDA and USDA agency information in the NIH CPS
> the following guides are provided:

 

-   Access to NIH CPS and Information Page are available from the USDA
    Acquisition Toolkit at <http://www.usda.gov/procurement/toolkit>.

-   The NIH CPS Manuals for various types of users are available at
    <http://cps.od.nih.gov/UserManual.html>.

-   NIH CPS Frequently Asked Questions (FAQs) are available at
    <http://cps.od.nih.gov/CPSFAQ.html>.

-   Best Practices for Collecting and Using Current and Past Performance
    Information is available at
    <http://www.whitehouse.gov/omb/procurement/contract_perf/best_practice_re_past_perf.html>.

For Non-Disclosure Agreements of contractor access contact the NIH CPS
Help Desk at (301) 451-2771 or email at <cps-support-l@list.nih.gov>.

For government access and additional questions for CPS contact your
Agency Contracting Activity OA. OAs will refer issues to the USDA System
Administrator as necessary. A list of OAs is available on the USDA
Acquisition Toolkit as part of the NIH CPS information at
<http://www.da.usda.gov/procurement/toolkit/purchasingtools.htm>.

 

AGAR Advisories are posted on the USDA World Wide Web site at the
following URL: http://www.usda.gov/procurement/policy/advisories.html.
If you have questions or comments on this Advisory, please contact
Jackie Kelly by phone ((202)690-0021) or email
(JacquelineE.Kelly@usda.gov).

**EXPIRATION DATE**: September 30, 2009

**\[END\]**

December 13, 2001

 

TO: W. R. Ashworth

Senior Procurement Executive

 

FROM: David J. Shea /s/

Chief

Procurement Policy Division

 

SUBJECT: Request for Class Deviation from Federal Acquisition Regulation
(FAR) Sections 36.201, 36.604, 53.236-1(b) and 53.236-2(d)

 

In accordance with the FAR 1.404 and Agriculture Acquisition Regulation
(AGAR) 401.404, your approval to deviate from FAR sections 36.201,
36.604, 53.236-1(b) and 53.236-2(d) is requested.

 

FAR subpart 36.201 requires the use of the Standard Form (SF) 1420,
"Performance Evaluation -- Construction Contracts" when evaluating a
contractor's performance under a construction contract. FAR subpart
36.604 requires the use of the SF 1421, "Performance Evaluation
(Architect-Engineer)," when evaluating a contractor's performance under
an architect-engineer contract.

 

The purpose of this deviation is to permit the Department of
Agriculture, as a subscriber of the National Institutes of Health (NIH)
Contractor Performance System (CPS), to use the NIH CPS Contractor
Performance Insert Forms in lieu of the SFs 1420 and 1421. The NIH CPS
Contractor Performance Insert Forms include all of the data elements
required by the SFs 1420 and 1421.

 

A 1999 NIH class deviation permitted the use of the NIH CPS Insert Form
in lieu of the SF 1420 (construction). This requested class deviation
will expand the 1999 deviation, by also including the SF 1421
(architect-engineer), and will be effective until issuance of a change
to the FAR.

 

This request has been coordinated with the Chairman of the Civilian
Agency Acquisition Council (CAAC). Reference CAAC letter number 2001-03,
dated October 17, 2001.

 

APPROVAL:

 

In accordance with FAR 1.404 and AGAR 401.404, I authorize the class
deviation from FAR sections 36.201, 36.604, 53.236-1(b) and 53.236-2(d).

 

 

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