POLICY REGARDING CONSIDERATION OF CONTRACTOR PAST PERFORMANCE.

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.”. (b) Guidance Required.— (1) 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. (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) (1) 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 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; “(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 108 STAT. 3273entered into by agencies of State and local governments, and contracts entered into by commercial customers; and “(ii) such information submitted by offerors is considered; and “(D) the period for which information on past performance of offerors may be maintained and considered. “(2) In the case of an offeror with respect to which there is no information on past contract performance or with respect to which information on past contract performance is not available, the offeror may not be evaluated favorably or unfavorably on the factor of past contract performance.”.