41 USC § 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
(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
Source
(Pub. L. 111–350, § 3,Jan. 4, 2011, 124 Stat. 3689.)
| 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.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
| 41 USC | Description of Change | Session Year | Public Law | Statutes at Large |
|---|---|---|---|---|
| § 1126 | nt new | 2012 | 112-239 [Sec.] 853 | 126 Stat. 1856 |
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