C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER G—CONTRACT MANAGEMENT › PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES › Subpart 42.15—Contractor Performance Information

48 C.F.R. § 42.1501

42.1501 General.

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(a) Past performance information (including the ratings and supporting narratives) is relevant information, for future source selection purposes, regarding a contractor's actions under previously awarded contracts or orders. It includes, for example, the contractor's record of—

(1) Conforming to requirements and to standards of good workmanship;

(2) Forecasting and controlling costs;

(3) Adherence to schedules, including the administrative aspects of performance;

(4) Reasonable and cooperative behavior and commitment to customer satisfaction;

(5) Complying with the requirements of the small business subcontracting plan (see 19.705-7(b)), including favorable consideration of a mentor with an SBA-approved mentor-protégé agreement (see 13 CFR 125.9) that subcontracts to its protégé, and that protégé is a covered territory business or that protégé's principal office is located in the Commonwealth of Puerto Rico (see 15 U.S.C. 657r(a));

(6) Reporting into databases (see subpart 4.14, and reporting requirements in the solicitation provisions and clauses referenced in 9.104-7);

(7) Integrity and business ethics; and

(8) Business-like concern for the interest of the customer.

(b) Agencies shall monitor their compliance with the past performance evaluation requirements (see 42.1502), and use the Contractor Performance Assessment Reporting System (CPARS) metric tools to measure the quality and timely reporting of past performance information. CPARS is the official source for past performance information.

[78 FR 46788, Aug. 1, 2013, as amended at 79 FR 31194, May 30, 2014; 84 FR 47866, Sept. 10, 2019; 86 FR 44254, Aug. 11, 2021; 90 FR 525, Jan. 3, 2025]
Notes of Decisions
Cited in 4 cases, 2007–2013 · leading case: Public Warehousing Co. K.S.C. v. Defense Supply Center Philadelphia
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Public Warehousing Co. K.S.C. v. Defense Supply Center Philadelphia (2007) dcd · cites it 2× “” 48 C.F.R. § 42.1501 . The function of the information as “source selection” information for future procurements is repeated throughout Subpart 42.”
Lumetra v. United States (2008) uscfc · cites it 2× “at 10B1861 (citing 48 C.F.R. § 42.1501 ). CMS also sought to review each offeror’s personnel to determine the “[djegree to which each candidate is qualified for the position proposed and available to begin work” and “the degree to which the staffing plan demonstrates the…”
BLR Group of America, Inc. v. United States (2010) uscfc “15 describes past *369 performance information as “relevant information, for future source selection purposes, regarding a contractor's actions under previously awarded contracts,” 48 C.F.R. § 42.1501 (emphasis added), does not alter the court’s analysis.”
Neie, Inc. v. United States (2013) uscfc “1501, in turn, explains that “[p]ast performance information . . . is relevant information, for future source selection purposes,” including records concerning the contractor’s “[i]ntegrity and business ethics.”
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