41 USC 1126: Policy regarding consideration of contractor past performance
Result 1 of 1
   
 
<< Previous   TITLE 41 / Subtitle I / Division B / CHAPTER 11 / SUBCHAPTER II / § 1126   Next >>
 
41 USC 1126: Policy regarding consideration of contractor past performance Text contains those laws in effect on January 7, 2011
From Title 41-PUBLIC CONTRACTSSubtitle I-Federal Procurement PolicyDivision B-Office of Federal Procurement PolicyCHAPTER 11-ESTABLISHMENT OF OFFICE AND AUTHORITY AND FUNCTIONS OF ADMINISTRATORSUBCHAPTER II-AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR
Jump To: Source CreditMiscellaneous

§1126. Policy regarding consideration of contractor past performance

(a) Guidance.-The Administrator shall prescribe for executive agencies guidance regarding consideration of the past contract performance of offerors in awarding contracts. The guidance shall include-

(1) standards for evaluating past performance with respect to cost (when appropriate), schedule, compliance with technical or functional specifications, and other relevant performance factors that facilitate consistent and fair evaluation by all executive agencies;

(2) policies for the collection and maintenance of information on past contract performance that, to the maximum extent practicable, facilitate automated collection, maintenance, and dissemination of information and provide for ease of collection, maintenance, and dissemination of information by other methods, as necessary;

(3) policies for ensuring that-

(A) offerors are afforded an opportunity to submit relevant information on past contract performance, including performance under contracts entered into by the executive agency concerned, other departments and agencies of the Federal Government, agencies of State and local governments, and commercial customers; and

(B) the information submitted by offerors is considered; and


(4) the period for which information on past performance of offerors may be maintained and considered.


(b) Information Not Available.-If there is no information on past contract performance of an offeror or the information on past contract performance is not available, the offeror may not be evaluated favorably or unfavorably on the factor of past contract performance.

( Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3689 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
1126(a) 41:405(j)(1). Pub. L. 93–400, §6(j), as added Pub. L. 103–355, title I, §1091(b)(2), Oct. 13, 1994, 108 Stat. 3272 .
1126(b) 41:405(j)(2).

Congressional Findings Regarding Consideration of Past Contract Performance

Pub. L. 103–355, title I, §1091(b)(1), Oct. 13, 1994, 108 Stat. 3272 , provided that: "Congress makes the following findings:

"(A) Past contract performance of an offeror is one of the relevant factors that a contracting official of an executive agency should consider in awarding a contract.

"(B) It is appropriate for a contracting official to consider past contract performance of an offeror as an indicator of the likelihood that the offeror will successfully perform a contract to be awarded by that official."