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Production surveillance involves Government review and analysis of-. This subpart applies to all contracts for supplies or services other than construction contracts, and Federal Supply Schedule contracts. The contractor is responsible for timely contract performance. The Government will maintain surveillance of contractor performance as necessary to protect its interests.

When the contracting office retains a contract for administration, the contracting officer administering the contract shall determine the extent of surveillance. Contracting officers shall assign a criticality designator to each contract in the space for designating the contract administration office, as follows:. Reporting requirements shall be limited to that information essential to Government needs and shall take maximum advantage of data output generated by contractor management systems.

This advice shall-. The contracting officer responsible for processing and executing novation and change-of-name agreements shall be determined as follows:. This information should include the items identified in Any submission should be accompanied by supporting documentation.

See Examples of such transactions include, but are not limited to-. However, whether there is a purchase of assets or a stock purchase, there may be issues related to the change in ownership that appropriately should be addressed in a formal agreement between the contractor and the Government see If the responsible contracting officer determines that a conflict of interest cannot be resolved, but that it is in the best interest of the Government to approve the novation request, a request for a waiver may be submitted in accordance with the procedures at 9.

It shall ordinarily provide in part that-. This format may be adapted to fit specific cases and may be used as a guide in preparing similar agreements for other situations. The Transferee also assumes all obligations and liabilities of, and all claims against, the Transferor under the contracts as if the Transferee were the original party to the contracts. The Transferee by this Agreement becomes entitled to all rights, titles, and interests of the Transferor in and to the contracts as if the Transferee were the original party to the contracts.

The Transferor waives notice of, and consents to, any such future modifications. Each party has executed this Agreement as of the day and year first above written. The contractor shall forward to the responsible contracting officer three signed copies of the Change-of-Name Agreement, and one copy each of the following:. The contracting officer may request the total dollar value as amended and the remaining unpaid balance for each contract.

Situations may occur during contract performance that cause the Government to order a suspension of work, or a work stoppage. This subpart provides clauses to meet these situations and a clause for settling contractor claims for unordered Government caused delays that are not otherwise covered in the contract. A suspension of work under a construction or architect-engineer contract may be ordered by the contracting officer for a reasonable period of time.

If the suspension is unreasonable, the contractor may submit a written claim for increases in the cost of performance, excluding profit. Issuance of a stop-work order shall be approved at a level higher than the contracting officer.


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Stop-work orders shall not be used in place of a termination notice after a decision to terminate has been made. This clause is not applicable if the contract otherwise specifically provides for an equitable adjustment because of the delay or interruption; e.

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The clause use is optional when a fixed-price contract is contemplated for services, or for supplies that are commercial or modified-commercial items. 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.

See subpart CPARS is the official source for past performance information.


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  5. Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance evaluations are required for contracts and orders as specified in paragraphs b through f of this section, including contracts and orders performed outside the United States. These evaluations are generally for the entity, division, or unit that performed the contract or order.

    Past performance information shall be entered into CPARS, the Governmentwide evaluation reporting tool for all past performance reports on contracts and orders. Except as provided in paragraphs e , f , and h of this section, agencies shall prepare evaluations of contractor performance for each contract as defined in FAR part 2 that exceeds the simplified acquisition threshold and for each order that exceeds the simplified acquisition threshold.

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    Agencies are required to prepare an evaluation if a modification to the contract causes the dollar amount to exceed the simplified acquisition threshold. Agencies shall prepare an evaluation of contractor performance for each order that exceeds the simplified acquisition threshold that is placed under a Federal Supply Schedule contract or placed under a task-order contract or a delivery-order contract awarded by another agency i. Agencies placing orders under their own multiple-agency contract shall also prepare evaluations for their own orders.

    This evaluation shall not consider the requirements under paragraph g of this section. Agencies are required to prepare an evaluation if a modification to the order causes the dollar amount to exceed the simplified acquisition threshold. For single-agency task-order and delivery-order contracts, the contracting officer may require performance evaluations for each order in excess of the simplified acquisition threshold when such evaluations would produce more useful past performance information for source selection officials than that contained in the overall contract evaluation e.

    This evaluation need not consider the requirements under paragraph g of this section unless the contracting officer deems it appropriate. The contracting officer shall-. The following payment or nonpayment situations are not considered to be unjustified:. A There is a contract dispute on performance. B A partial payment is made for amounts not in dispute. C A payment is reduced due to past overpayments. D There is an administrative mistake. E Late performance by the subcontractor leads to later payment by the prime contractor.

    Agency procedures for the past performance evaluation system shall-. Those individuals identified may obtain information for the evaluation of performance from the program office, administrative contracting office, audit office, end users of the product or service, and any other technical or business advisor, as appropriate. The evaluation should reflect how the contractor performed.

    The evaluations should be tailored to the contract type, size, content, and complexity of the contractual requirements. Each evaluation factor, as listed in paragraph b 2 of this section, shall be rated in accordance with a five scale rating system i. The ratings and narratives must reflect the definitions in the tables or of this section. The contractor will receive a CPARS-system generated notification when an evaluation is ready for comment. Contractors shall be afforded up to 14 calendar days from the date of notification of availability of the past performance evaluation 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.

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    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. These evaluations, including any contractor-submitted information with indication whether agency review is pending , become available for source selection officials not later than 14 days after the date on which the contractor is notified of the evaluation's availability for comment.

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    The Government shall update CPARS with any contractor comments provided after 14 days, as well as any subsequent agency review of comments received. Past performance evaluations for classified contracts and special access programs shall not be reported in CPARS, but will be reported as stated in this subpart and in accordance with agency procedures. Agencies shall ensure that appropriate management and technical controls are in place to ensure that only authorized personnel have access to the data and the information safeguarded in accordance with The contractual performance of the element or sub-element being evaluated was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

    To justify an Exceptional rating, identify multiple significant events and state how they were of benefit to the Government. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified. The contractual performance of the element or sub-element being evaluated was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

    To justify a Very Good rating, identify a significant event and state how it was a benefit to the Government. There should have been no significant weaknesses identified.