4848 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Proposed Rules 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2012–D056), in 

correspondence. 

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). 

List of Subjects in 48 CFR Parts 204 and 

237 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 204 and 237 

are proposed to be amended as follows: 

■ 1. The authority citation for parts 204 

and 237 continues to read as follows: 

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

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

■ 2. Add sections 204.270–1 and 

204.270–2 to subpart 204.2 to read as 

follows: 

204.270–1 Policy. 

(a) The Electronic Document Access 

(EDA) system, an online repository for 

contractual instruments and supporting 

documents, is DoD’s primary tool for 

electronic distribution of contract 

documents and contract data. 

(b) Agencies are responsible for 

ensuring the following when posting 

documents, including contractual 

instruments, to EDA— 

(1) The timely distribution of 

documents; and 

(2) That internal controls are in place 

to ensure that— 

(i) The electronic version of a contract 

document in EDA is an accurate 

representation of the original contract 

document; and 

(ii) The contract data in EDA is an 

accurate representation of the 

underlying contract. 

204.270–2 Procedures. 

The procedures at PGI 204.270–2 

provide details on how to record the 

results of data verification in EDA. 

When these procedures are followed, 

contract documents in EDA are an 

accurate representation of the original 

contract document and therefore may be 

used for audit purposes. 

■ 3. Revise section 204.802 to read as 

follows: 

204.802 Contract files. 

(a) Any document posted to the 

Electronic Document Access (EDA) 

system is part of the contract file and is 

accessible by multiple parties, including 

the contractor. Inclusion of any 

document in EDA other than contracts, 

modifications, and orders is optional. 

204.805 [Amended] 

■ 4. Amend section 204.805 by 

removing ‘‘official contract files’’ and 

adding ‘‘contract files’’ in its place. 

PART 237—SERVICE CONTRACTING 

■ 5. Revise section 237.172 to read as 

follows: 

237.172 Service contracts surveillance. 

Ensure that quality assurance 

surveillance plans are prepared in 

conjunction with the preparation of the 

statement of work or statement of 

objectives for solicitations and contracts 

for services. These plans should be 

tailored to address the performance 

risks inherent in the specific contract 

type and the work effort addressed by 

the contract. (See FAR subpart 46.4.) 

Retain quality assurance surveillance 

plans in the contract file. See http://

sam.dau.mil, Step Four—Requirements 

Definition, for examples of quality 

assurance surveillance plans. 

[FR Doc. 2015–01435 Filed 1–28–15; 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: Proposed rule. 

SUMMARY: DoD is proposing to amend 

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: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

March 30, 2015, to be considered in the 

formation of the final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2014–D015, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2014–D015’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2014– 

D015.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2014– 

D015’’ on your attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2014–D015 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Attn: Ms. 

Jennifer Hawes, Room 3B941, 3060 

Defense Pentagon, Washington, DC 

20301–3060. 

Comments received generally will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer Hawes, telephone 571–372– 

6115. 

SUPPLEMENTARY INFORMATION: 

I. Background 

To fill the need for past performance 

data on lower dollar value contracts, 

DoD developed and deployed the Past 

Performance Information Retrieval 

System—Statistical Reporting (PPIRS– 

SR) module. This module of PPIRS 

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 or service code. This 

objective data on past performance will 

assist contracting officers in making 

better-informed best value award 

decisions on small dollar value 

acquisitions for supplies, while also 

eliminating the burden of collecting 

subjective past performance information 

on contractors for smaller dollar value 

contracts. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Proposed Rules 4849 

II. Discussion and Analysis 

A new section DFARS 213.106–2 

entitled ‘‘Evaluation of quotations or 

offers’’ is added as well as a new 

provision at DFARS 252.213–70XX, 

Notice to Prospective Suppliers on the 

Use of Past Performance Information 

Retrieval System—Statistical Reporting 

in Past Performance Evaluations. The 

prescription to use the new provision in 

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, is included at DFARS 

213.106–2–70. The provision is also 

added to the list of provisions and 

clauses that are applicable to the 

acquisition of commercial items at 

DFARS 212.301. 

Instructions on the use of PPIRS–SR, 

for both Government and industry users, 

are available in the PPIRS–SR User’s 

Manual provided in the references 

section of www.PPIRS.gov. As such, a 

link to the User’s Manual is provided at 

DFARS 213.106–2(b)(i)(A) and in the 

new provision at DFARS 252.213–70XX. 

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 

DoD expects this proposed rule may 

have a significant economic impact on 

a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act 5 U.S.C. 601, et seq. 

Therefore, an initial regulatory 

flexibility analysis has been prepared 

and is summarized as follows: 

This rule proposes to amend the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to require 

contracting officers to consider 

information available in the Statistical 

Reporting module of the Past 

Performance Information Retrieval 

System when evaluating the past 

performance of offerors under 

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 Past Performance Information 

Retrieval System—Statistical Reporting 

(PPIRS–SR) module 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 or service 

code. Contracting officers will use this 

objective data to make better-informed 

best value award decisions for supply 

contracts valued at less than or equal to 

$1 million. 

This rule will apply to small entities 

submitting quotations or offers on 

competitive solicitations for supplies 

issued using FAR part 13 simplified 

acquisition procedures, including 

acquisitions valued at less than or equal 

to $1 million under the authority of FAR 

subpart 13.5. According to a report 

generated in the Federal Procurement 

Data System—Next Generation, 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. 

This rule creates no new reporting, 

recordkeeping, or other compliance 

requirements. PPIRS–SR generates past 

performance ratings based on objective 

delivery and quality data on current and 

recent contracts available from other 

systems. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules 

and there are no known significant 

alternatives to the rule. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2014–D015), in 

correspondence. 

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). 

List of Subjects in 48 CFR Part 212, 213, 

and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 212, 213, and 

252 are proposed to be amended as 

follows: 

■ 1. The authority citation for 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 (xvii) as 

paragraphs (f)(vi) through (xviii) 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 

252.213–70XX, Notice to Prospective 

Suppliers on 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 those valued at 

less than or equal to $1 million under 

the authority at FAR subpart 13.5, 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
4850 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Proposed Rules 

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 252.213–70XX, 

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 

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 252.213–70XX to 

read as follows: 

252.213–70XX 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 Performance Information 

Retrieval System—Statistical Reporting 

in Past Performance Evaluations (Date) 

(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(s) whose quotations(s) or 

offer(s) represent(s) 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/PPIRSSR_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. 2015–01436 Filed 1–28–15; 8:45 am] 

BILLING CODE 5001–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

RIN 0750–AI45 

Defense Federal Acquisition 

Regulation Supplement: Contractor 

Personnel Supporting U.S. Armed 

Forces Deployed Outside the United 

States (DFARS Case 2014–D023) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

update the clause entitled ‘‘Contractor 

Personnel Supporting U.S. Armed 

Forces Deployed Outside the United 

States.’’ 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

March 30, 2015, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2014–D023, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2014–D023’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2014– 

D023.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2014– 

D023’’ on your attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2014–D023 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Jennifer 

Hawes, OUSD(AT&L)DPAP/DARS, 

Room 3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hawes, telephone 571–372– 

6115. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to amend the 

DFARS to make the following updates 

to the clause at 252.225–7040, 

Contractor Personnel Supporting U.S. 

Armed Forces Deployed Outside the 

United States, to— 

• Remove ‘‘humanitarian assistance 

operations’’ at paragraphs (b)(1)(ii) and 

(q)(2), because humanitarian assistance 

operations are a subset of peace 

operations already referenced at 

(b)(1)(iii) and (q)(3); 

• Clarify at paragraph (d)(3) that both 

contractors authorized to accompany 

the Force (CAAF) and non-CAAF 

personnel must be made aware of 

information related to sexual assault 

offenses by adding ‘‘and non-CAAF’’; 

• Add subparagraph (d)(5)(iii) to 

clarify that the section on reporting 

alleged crimes does not create any rights 

or privileges that are not authorized by 

law or DoD policy; 

• Change the form at subparagraph 

(e)(1)(ii)(C)(3) from the ‘‘Public Health 

Service Form 791, International 

Certificate of Vaccination’’ to the ‘‘U.S. 

Centers for Disease Control and 

Prevention (CDC) Form 731, 

International Certificate of Vaccination 

or Prophylaxis as Approved by the 

World Health Organization’’; 

• Change the reference at paragraph 

(e)(1)(iv) from ‘‘DoD Directive 4500.54, 

Official Temporary Duty Abroad, and 

DoD 4500.54–G, DoD Foreign Clearance 

Guide’’ to ‘‘DoD Directive 4500.54E, 

DoD Foreign Clearance Program’’; 

• Change the hyperlink for the 

Synchronized Predeployment and 


tkelley on DSK3SPTVN1PROD with PROPOSALS