Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 30117 

(b) The Offeror acknowledges by 

submission of its offer that by acceptance of 

the contract resulting from this solicitation, 

the Offeror may exceed the applicable small 

business size standard of the North American 

Industry Classification System (NAICS) code 

assigned to the contract and would no longer 

qualify as a small business concern for that 

NAICS code. (Small business size standards 

matched to industry NAICS codes are 

published by the Small Business 

Administration and are available at http://

www.sba.gov/content/table-small-businesssize-standards.) The Offeror is therefore 

encouraged to develop the capabilities and 

characteristics typically desired in 

contractors that are competitive as otherthan-small contractors in this industry. 

(c) For procurement technical assistance, 

the Offeror may contact the nearest 

Procurement Technical Assistance Center 

(PTAC). PTAC locations are available at 

www.dla.mil/SmallBusiness/Pages/

ptac.aspx. 

(End of provision) 

[FR Doc. 2015–12338 Filed 5–22–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 213, and 252 

RIN 0750–AI40 

Defense Federal Acquisition 

Regulation Supplement: Past 

Performance Information Retrieval 

System—Statistical Reporting (PPIRS– 

SR) (DFARS Case 2014–D015) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to require contracting officers 

to consider information in the Statistical 

Reporting module of the Past 

Performance Information Retrieval 

System when evaluating past 

performance of offerors under 

competitive solicitations for supplies 

using simplified acquisition procedures. 

DATES: Effective May 26, 2015. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer Hawes, telephone 571–372– 

6115. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 80 FR 4848 on 

January 29, 2015, to revise the DFARS 

to add a new provision at DFARS 

252.213–7000, Notice to Prospective 

Suppliers on the Use of Past 

Performance Information Retrieval 

System—Statistical Reporting in Past 

Performance Evaluations, for use in 

competitive solicitations for supplies 

using FAR part 13 simplified 

acquisition procedures, including those 

for acquisitions valued at less than or 

equal to $1 million under FAR 13.5. 

One respondent submitted a public 

comment in response to the proposed 

rule. 

II. Discussion and Analysis 

DoD reviewed the public comment in 

the development of the final rule. A 

discussion of the comment and the 

changes made to the rule is provided 

below: 

A. Analysis of Public Comment 

Comment: A respondent commented 

that streamlining a formal and 

systematic process will improve the 

opportunities for small businesses and 

reduce bias in the award of Government 

contracts. 

Response: No changes were made a 

result of this comment. 

B. Other Changes 

The final rule includes a clarification 

in the prescription at DFARS 213.106– 

2–70 that the provision is applicable for 

use in competitive solicitations using 

FAR part 12 procedures for the 

acquisition of commercial items. A 

minor editorial change is also made at 

212.301(f)(v) to address the reference to 

the DFARS provision 252.213–7000, 

Notice to Prospective Suppliers on Use 

of Past Performance Information 

Retrieval System—Statistical Reporting 

in Past Performance Evaluations, in the 

same manner as the other content of this 

section. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., and is summarized as follows: 

This rule amends the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to require contracting officers 

to consider information available in Past 

Performance Information Retrieval 

System-Statistical Reporting (PPIRS–SR) 

when evaluating the past performance 

of offerors under competitive 

solicitations for supplies using FAR part 

13 simplified acquisition procedures 

(including acquisitions under the 

authority of FAR subpart 13.5 valued at 

less than or equal to $1 million). 

This rule will help fill the gap 

between the higher DoD threshold for 

the collection and evaluation of past 

performance information and the 

thresholds at FAR 15.304(c)(3)(i). 

PPIRS–SR collects quantifiable delivery 

and quality data from existing systems 

and uses that data to classify each 

supplier’s performance by Federal 

supply class and product service code. 

Contracting officers will use this 

objective data to help make betterinformed best value award decisions for 

supply contracts valued at less than or 

equal to $1 million. 

No comments were received from the 

public regarding the initial regulatory 

flexibility analysis. 

This rule will apply to small 

businesses submitting offers on 

competitive solicitations for supplies 

issued using simplified acquisition 

procedures valued at less than $1 

million. According to a report generated 

in the Federal Procurement Data 

System, in fiscal year 2013, DoD made 

15,258 new competitive awards for 

commercial supplies valued at less than 

or equal to $1 million to 4,018 unique 

small businesses. 

The rule creates no new reporting, 

recordkeeping, or other compliance 

requirements. There are no known 

significant alternatives to the rule. The 

impact of this rule on small business is 

not expected to be significant. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 


asabaliauskas on DSK5VPTVN1PROD with RULES
30118 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 

List of Subjects in 48 CFR Part 212, 213, 

and 252 

Government procurement. 

Amy G. Williams, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 212, 213, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 212, 213, and 252 continues to 

read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. In section 212.301, redesignate 

paragraphs (f)(v) through (xviii) as 

paragraphs (f)(vi) through (xix), 

respectively, and add a new paragraph 

(f)(v) to read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(v) Part 213—Simplified Acquisition 

Procedures. Use the provision at 

252.213–7000, Notice to Prospective 

Suppliers on Use of Past Performance 

Information Retrieval System— 

Statistical Reporting in Past 

Performance Evaluations, as prescribed 

in 213.106–2–70. 

* * * * * 

PART 213—SIMPLIFED ACQUISITION 

PROCEDURES 

■ 3. Add sections 213.106–2 and 

213.106–2–70 to subpart 213.1 to read 

as follows: 

213.106–2 Evaluation of quotations or 

offers. 

(b)(i) For competitive solicitations for 

supplies using FAR part 13 simplified 

acquisition procedures, including 

acquisitions valued at less than or equal 

to $1 million under the authority at FAR 

subpart 13.5, the contracting officer 

shall— 

(A) Consider data available in the 

statistical reporting module of the Past 

Performance Information Retrieval 

System (PPIRS–SR) regarding the 

supplier’s past performance history for 

the Federal supply class (FSC) and 

product or service code (PSC) of the 

supplies being purchased. Procedures 

for the use of PPIRS–SR in the 

evaluation of quotations or offers are 

provided in the PPIRS–SR User’s 

Manual available under the references 

section of the PPIRS Web site at 

www.ppirs.gov; 

(B) Ensure the basis for award 

includes an evaluation of each 

supplier’s past performance history in 

PPIRS–SR for the FSC and PSC of the 

supplies being purchased; and 

(C) In the case of a supplier without 

a record of relevant past performance 

history in PPIRS–SR for the FSC or PSC 

of the supplies being purchased, the 

supplier may not be evaluated favorably 

or unfavorably for its past performance 

history. 

213.106–2–70 Solicitation provision. 

Use the provision at 252.213–7000, 

Notice to Prospective Suppliers on the 

Use of Past Performance Information 

Retrieval System—Statistical Reporting 

in Past Performance Evaluations, in 

competitive solicitations for supplies 

when using FAR part 13 simplified 

acquisition procedures, including 

competitive solicitations using FAR part 

12 procedures for the acquisition of 

commercial items and acquisitions 

valued at less than or equal to $1 

million under the authority at FAR 

subpart 13.5. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Add new section 252.213–7000 to 

read as follows: 

252.213–7000 Notice to Prospective 

Suppliers on Use of Past Performance 

Information Retrieval System—Statistical 

Reporting in Past Performance Evaluations. 

As prescribed in 213.106–2–70, use 

the following provision: 

Notice to Prospective Suppliers on Use 

of Past Peformance Information 

Retrieval System—Statistical Reporting 

in Past Performance Evaluations (May 

2015) 

(a) The Past Performance Information 

Retrieval System—Statistical Reporting 

(PPIRS–SR) application (http://

www.ppirs.gov/) will be used in the 

evaluation of suppliers’ past performance in 

accordance with DFARS 213.106–2(b)(i). 

(b) PPIRS–SR collects quality and delivery 

data on previously awarded contracts and 

orders from existing Department of Defense 

reporting systems to classify each supplier’s 

performance history by Federal supply class 

(FSC) and product or service code (PSC). The 

PPIRS–SR application provides the 

contracting officer quantifiable past 

performance information regarding a 

supplier’s quality and delivery performance 

for the FSC and PSC of the supplies being 

purchased. 

(c) The quality and delivery classifications 

identified for a supplier in PPIRS–SR will be 

used by the contracting officer to evaluate a 

supplier’s past performance in conjunction 

with the supplier’s references (if requested) 

and other provisions of this solicitation 

under the past performance evaluation factor. 

The Government reserves the right to award 

to the supplier whose quotation or offer 

represents the best value to the Government. 

(d) PPIRS–SR classifications are generated 

monthly for each contractor and can be 

reviewed by following the access instructions 

in the PPIRS–SR User’s Manual found at 

https://www.ppirs.gov/ppirsfiles/pdf/PPIRS– 

SR_UserMan.pdf. Contractors are granted 

access to PPIRS–SR for their own 

classifications only. Suppliers are 

encouraged to review their own 

classifications, the PPIRS–SR reporting 

procedures and classification methodology 

detailed in the PPIRS–SR User’s Manual, and 

PPIRS–SR Evaluation Criteria available from 

the references at http://www.ppirs.gov/

ppirsfiles/reference.htm. The method to 

challenge a rating generated by PPIRS–SR is 

provided in the User’s Manual. 

(End of provision) 

[FR Doc. 2015–12339 Filed 5–22–15; 8:45 am] 

BILLING CODE 5001–06–P 


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