CD-2025-01
October 11, 2024
MEMORANDUM FOR GSA CONTRACTING ACTIVITIES
FROM AND DIGITALLY SIGNED BY: Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy
SUBJECT:FAR Class Deviation - AbilityOne Past Performance Evaluations
On this page:
- Purpose
- Background
- Applicability
- Authority
- Deviation
- Effective date
- Point of contact
- Attachment A
1. Purpose
This memorandum approves a class deviation from the Federal Acquisition Regulation (FAR) that will require the evaluation of performance on contracts that have been issued using FAR subpart 8.7, Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled.
2. Background
Currently, FAR 42.1502(h) instructs agencies not to evaluate performance for contracts awarded under FAR subpart 8.7.
Past performance assessments are a useful tool to motivate good contract performance. By not documenting past performance on AbilityOne contracts, GSA is depriving itself of a useful management tool and depriving AbilityOne contractors of helpful information.
High-performing AbilityOne contractors can use positive past performance evaluations in numerous ways such as maintaining standards and winning new opportunities.
With this change, GSA will treat AbilityOne contractors on a par with all other contractors. This class deviation is consistent with the Department of Defense Class Deviation 2013-O0018, which includes the requirement to conduct past performance evaluation for certain contracts awarded under FAR subpart 8.7.
Additionally, a similar policy was implemented for the Federal Prison Industries (FPI) in FAR Case 2001-035 (see 68 FR 28095), which amended FAR Subparts 8.6 and 42.15 to require agencies to evaluate Federal Prison Industries (FPI) contract performance.
3. Applicability
This class deviation applies to General Service Administration (GSA) contracts issued under the authority of FAR subpart 8.7 from the date of this deviation forward.
4. Authority
This class deviation is issued under the authority of FAR 1.404 and General Services Administration Acquisition Manual (GSAM) 501.404.
This deviation is issued following consultation with the Chair of the Civilian Agency Acquisition Council (CAAC) in accordance with FAR 1.404(a) and GSAM 501.404(a).
5. Deviation
See Attachment A of this memorandum for the changes in the FAR text as revised by this class deviation. All the changes made to FAR 42.1502 in class deviation CD-2021-12, Contractor Performance Assessments for Federal Supply Schedule (FSS) Contracts, Multi-Agency Contracts (MACs) and Governmentwide Acquisition Contracts (GWACs) remain in effect.
6. Effective date
This class deviation is effective immediately and remains in effect until rescinded or incorporated into the FAR.
7. Point of contact
Any questions regarding this memorandum may be directed to GSARPolicy@gsa.gov.
Attachment A - FAR deviation text
FAR Baseline: FAC 2024-07 effective 09/30/2024
- Additions to baseline made by deviation are indicated by [bold text in brackets]
- Deletions to baseline made by deviation are indicated by strikethroughs
- Five asterisks (* * * * *) indicate that there are no revisions between the preceding and following parts or sections
- Three asterisks (* * *) indicate that there are no revisions between the material shown within a section and subsection or subsection
Part 42—Contract Administration and Audit Services Subpart
42.15—Contractor Performance Information
* * * * *
42.1502 Policy.
* * * * *
(h) Agencies shall not evaluate performance for contracts awarded under subpart 8.7.
[Reserved]
* * * * *
U.S. General Services Administration