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    Is it possible to create a CPARS account on the contractor and draft an optional or one time report without writing reports for the other years?


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    In your question, there are two key issues that must be addressed: (1) dollar threshold and (2) Nonconformance issues regarding contractor’s poor performance. The first issue regarding your interest in writing an optional CPAR evaluation for this requirement is that it falls under the simplified acquisition threshold. CPAR evaluations are required on contracts or orders greater than $150,000, over the simplified acquisition threshold; with the exception for architect-engineer contracts ($35,000) and construction contracts ($700,000) IAW CPARS guide dated Nov 2016.   There is no statutory requirement to use CPARS IAW with FAR Part 42, DFARS, DoD Class Deviations, and the CPARS Guide for your acquisition.  Even though the CPARS system will allow you to do this; there are other options that should be considered regarding contractor performance.  Once you submit your Optional CPARS report; the contractor will be allowed to respond per the CPARS guidance. 

    In addition, if the contractor believes that your findings regarding their performance is inaccurate in the final CPAR report, they have a right to appeal by filing a claim with the contracting officer in accordance with the Contracts Disputes Act. These are things you should consider especially when a CPAR rating is not mandatory for the dollar threshold. See GAO report case Oahu Tree Experts no. B-282247 (1999), denied due to timeliness but worth reviewing in regards to bias; or B-401871.5, B-401871.6, B-401871.7, Contrack International, Inc. sustained, May 24, 2010 for past performance CPAR information. The contractor was able to receive relief for damages and court costs. Therefore consider any simplified threshold procedures that are required regarding contractor performance for nonconforming supplies in accordance with FAR 46.102 which provides inspection requirement clauses, and subpart 46.407; which allows the contracting officer to reject or accept nonconforming supplies.  Also, it gives the contractor an opportunity to correct or replace nonconforming supplies or services when this can be accomplished within the required delivery schedule. The contracting officer must discourage the repeated tender of nonconforming supplies or services, including those with only minor nonconformances, by appropriate action, such as rejection and documenting the contractor’s performance record. Notices of rejection must include the reasons for rejection and be furnished promptly to the contractor. Promptness in giving this notice is essential because, if timely nature of rejection is not furnished, acceptance may in certain cases be implied as a matter of law.

    The contracting officer, contracting officer representative (COR), Contract Administration Office (CAO) and contractor must communicate effectively in order to deliver the required goods and/or services required in accordance to the contract.
     If no COR assigned to this contract; then ultimately the contracting officer is responsible for monitoring contractor performance.  Again, a CPAR is not required because of the dollar threshold. A CPAR must be objective and without bias. According to the guide, the contractor performance evaluation contained in the CPARS is a method of recording contractor performance and is not the primary method for reporting performance information to the contractor. CPARS collects contractor performance information and passes it to the Past Performance Information Retrieval System (PPIRS) Report Card (RC) and the Federal Awardee Performance and Integrity Information System (FAPIIS), the Government-wide performance information repository where it can be retrieved by Federal Government Agencies. The CPARS Automated Information System (AIS) collection tool and other CPARS information and submitting evaluations into CPARS can be accessed at https://www.cpars.gov.

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