ACQ.LTR MV-02-01 Evaluating Contractor Performance
Date: 01/15/2002
Status: Validated
Expires: 01/15/2003
January 15, 2002
GSA Acquisition
Letter MV-02-01
MEMORANDUM FOR ALL GSA CONTRACTING ACTIVITIES
FROM: DAVID
A. DRABKIN
DEPUTY
ASSOCIATE ADMINISTRATOR
FOR ACQUISITION
POLICY (MV)
SUBJECT: Evaluating
Contractor Performance
1. Purpose. This Acquisition
Letter issues the GSA policy that a contractor’s filing of a protest or
claim, or electing not to participate in an Alternative Dispute Resolution
(ADR) process, cannot be used as a basis for adversely affecting the performance
evaluation required at FAR 42.15 and GSAM 542.15.
2. Background.
a. The purpose of periodically evaluating
contractor performance and collecting past performance information is to
improve the quality of the products, services, construction and real estate
we acquire and thus the return on investment to the taxpayer. This
requires that we maintain a continuous and open dialogue with the contractors
we do business with, providing them with feedback on their performance
based on appropriate program and contract data. The periodic performance
evaluation a contractor earns should never be a surprise so it is important
to provide timely feedback throughout the performance period.
b. FAR 42.1501 offers some elements
of contractor performance that should be considered when developing the
evaluation. It provides that:
“Past performance information is relevant
information, for future source selection purposes, regarding a contractor’s
actions
under previously awarded contracts. It
includes, for example, the contractor’s record of conforming to contract
requirements and
to standards of good workmanship; the contractor’s
record of forecasting and controlling costs; the contractor’s adherence
to
contract schedules, including the administrative
aspects of performance; the contractor’s history of reasonable and cooperative
behavior and commitment to customer satisfaction;
and generally, the contractor’s business-like concern for the interest
of the
customer.”
c. GSAM
542.1503-71 provides further examples of the types of performance data
appropriate for your consideration and includes “customer oriented behavior.”
3. Effective Date. January
15, 2002.
4. Termination Date. One
year or until incorporated in the General Services Administration Acquisition
Manual (GSAM).
5. Applicability.
This Acquisition Letter applies to all GSA contracting activities
and to all contracts GSA issues or administers, including those used by
other agencies. Each service should take appropriate steps to inform
their client agencies that use GSA contract vehicles, such as the Multiple
Award Schedules Program and other GSA governmentwide acquisition contracts,
of the policy set forth in paragraph 6.
6. Policy.
a. A contractor’s judicious
exercise of a process protection is not evidence of unreasonable or uncooperative
behavior or a lack of customer focus. The exercise of these protections
by a GSA contractor may not adversely affect the performance evaluation
of the contractor under the contract by GSA or any eligible users of the
contract. Therefore, absent a clear pattern of frivolous or bad faith
exercise of such protections, you cannot downgrade a contractor’s performance
for filing a protest or claim, or declining to participate in an ADR process.
b. While you should not
consider the exercise of these process protections in developing the performance
evaluation, the Office of Federal Procurement Policy’s May 2000 guide
entitled “Best Practices for Past Performance,” recommends that you update
the evaluation record to reflect when a contractor submits a claim disputing
the performance evaluation itself. This is not done to imply uncooperative
behavior but to advise source selection teams that a performance evaluation
is in dispute.