POGO Proposes Additional Improvements To Ensure That Contractors Have A Satisfactory Performance Record

Dear Ms. Wingate:

The Project On Government Oversight (POGO) provides the following public comment to FAR Case 2006-022—“Contractor Performance Information” (73 Fed. Reg. 17945 (April 2, 2008)). POGO is an independent nonprofit organization that investigates and exposes corruption and other misconduct in order to achieve a more accountable federal government, and therefore POGO has a keen interest in government contracting matters.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise the contractor performance information process. POGO supports the proposed rule, as well as its objectives. In addition to the FAR changes proposed, the Councils might consider providing objective criteria for acquisition officials to use when evaluating an offeror’s past performance (i.e., recency, relevance, and the source), and the weight afforded to those criteria.

We also believe that the Councils should consider revising the performance information system to improve access to more timely, accurate, and detailed performance assessments for acquisition personnel. Such information, in addition to contractor responsibility information, is necessary to conduct well-informed market research and to award contracts. Data that is out-of-date, overdue, or incomplete might infringe FAR Subsection 9.1 and place taxpayer money at risk.

POGO supports the proposed rule, but believes that it is only a first step toward improving the contracting process. Thank you for your consideration of this comment. If you have any questions, you may contact me at (202) 347-1122.