Overview
FAR 12.206 establishes that past performance is a critical factor in the evaluation and award process for commercial products and services. It mandates that contracting officers gather performance data from diverse internal and external sources while adhering to established acquisition procedures.
Key Rules
- Significance: Past performance must be treated as an important element in every evaluation and contract award decision for commercial items.
- Data Sources: Contracting officers are encouraged to look beyond government databases and consider information from a wide variety of sources, including those outside the Federal Government.
- Procedural Compliance: Evaluation must be conducted in accordance with the specific policies of the chosen procurement method:
- Subpart 9.1: Responsible Prospective Contractors.
- Section 13.106: Simplified Acquisition Procedures.
- Subpart 15.3: Source Selection (Negotiated Contracting).
Practical Implications
- Commercial Flexibility: Because commercial vendors may not have extensive federal histories, contracting officers can and should consider private-sector references and commercial ratings.
- Risk Mitigation: By prioritizing past performance, the government reduces the risk of non-performance or poor quality in the fast-paced commercial marketplace.