AGAR
ADVISORY
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:
o
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.”
o
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.”
o
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.”
o
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.”
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.
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.
o
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.
o
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).
o
The
attached class deviation is effective until issuance of a change to the FAR.
·
CPS Agency
Contracting Activity Organization Administrator (OA).
o
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.
o
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.
o
For
training opportunities, designated CPS OAs may
contact Jackie Kelly at the contact information above.
·
NIH CPS Guides:
Based
on a review of USDA and USDA agency information in the NIH CPS the following guides are provided:
o Access
to NIH CPS and Information Page are available
from the USDA Acquisition Toolkit at http://www.usda.gov/procurement/toolkit.
o The NIH CPS
Manuals
for various types of users are available at http://cps.od.nih.gov/UserManual.html.
o NIH CPS Frequently
Asked Questions (FAQs) are available at http://cps.od.nih.gov/CPSFAQ.html.
o 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 regarding this advisory, please contact
Todd Repass, Chief, PPD via email at Todd.Repass@da.usda.gov
or by phone at (202) 690-1060; or send an email to procurementpolicy@usda.gov.
EXPIRATION DATE: This advisory will remain in effect until
cancelled.
[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).
/s/
_12/18/2001_____________