Page:United States Statutes at Large Volume 108 Part 4.djvu/638

 108 STAT. 3272 PUBLIC LAW 103-355 —OCT. 13, 1994 administering the contract or other agreement under which the order is filled. (c) MONITORING SYSTEM REQUIRED. —The Administrator for Federal Procurement Policy shall ensure that, not later than one year after the date of the enactment of this Act, systems for collecting and evaluating procurement data are capable of collecting and evaluating appropriate data on procurements conducted under the regulations prescribed pursuant to subsection (a). (d) TERMINATION. — This section shall cease to be effective one year after the date on which final regulations prescribed pursuant to subsection (a) take effect. PART III—ACQUISITIONS GENERALLY SEC. 1091. POLICY REGARDING CONSIDERATION OF CONTRACTOR PAST PERFORMANCE. (a) POLICY. —Section 2 of the Office of Federal Procurement Policy Act (41 U.S.C. 401) is amended— (1) by striking out "and" at the end of paragraph (12); (2) by striking out the period at the end of paragraph (13) and inserting in lieu thereof"; and"; and (3) by adding at the end the following new paragraph: "(14) establishing policies and procedures that encourage the consideration of the offerors' past performance in the selection of contractors.". 41 USC 405 note. (b) GUIDANCE REQUIRED. —(1) Congress makes the following findings: (A) Past contract performance of an oflFeror 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. (2) Section 6 of the Office of Federal Procurement Policy Act (41 U.S.C. 405) is amended by adding at the end the following: "(j)(l) The Administrator shall prescribe for executive agencies guidance regarding consideration of the past contract performance of offerors in awarding contracts. The guidance shall include— "(A) 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; "(B) policies for the collection and maintenance of information on past contract performance that, to the msudmum 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; "(C) policies for ensuring that— (i) offerors are afforded an opportunity to submit relevant information on past contract performance, including performance under contracts entered into by the executive agency concerned, contracts entered into by other departments and agencies of the Federal Government, contracts

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