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The Federal Acquisition Regulation (FAR 42.1502) requires agencies to evaluate and report on contractor performance for each contract exceeding the simplified acquisition threshold, which is currently $150,000. Furthermore, USAID Acquisition Regulation 742.15 (also known as 48 CFR 742.1502) requires contracting officers to report on contractor performance at least annually.
Regular, comprehensive, and conscientious performance evaluations can provide the mission with information to make better acquisition decisions and can serve as a significant incentive to contractors to provide USAID with superior products and services.
Further, the U.S. Government Accountability Office has ruled that failure to properly document contractor performance information and make the information available for use in source selections for the same or similar items is a sufficient basis to sustain a protest of a contract award in a subsequent source selection.
General Recommendations
- Complete all required contractor performance reviews in accordance with Federal Acquisitions Regulation and Agency for International Development Acquisitions Regulation requirements.
Source: AUDIT REPORT NO. F-306-11-003-P JUNE 19, 2011
The recommendations are derived from audit reports of the Office of the Inspector General. The source refers to the audit report, which is available on this site as part of the Audit Database Project: an educational tool for compliance with USAID regulations. Please see the disclaimer of this site before using recommendations.
- Verify Continued Separate Maintenance Allowance Eligibility - Department of State Standardized Regulations, General Provisions, Section 077.3, Granting Allowances and Difficult to Staff Incentive Differential on SF-1190 (Foreign Allowances Application
- Local Subgrantees Need Codes of Conduct for Interactions with Orphans and Vulnerable Children - U.S. Global AIDS Coordinator (OGAC) Guidance July 2006
- Technical Representative Requirements - ADS 458.3.5.5 - ADS 303.3.14
- Assistance Awards and Requirements - ADS 303 - ADS 621.3.4
- Certification Regarding Responsibility Matters - FAR 9.104-6 - FAR 9.105-2(b) - FAR 9.4
- Excluded Parties List System Reviews During the Bidding and Awarding Process - FAR 9.404 - 22 CFR 208 - ADS 502.5.1b - FAR 9.405(d) - FAR 9.105-2(b)
- Strengthen Program Oversight - ADS 302
- Implementer Performed Unauthorized Program Activities - ADS 202.3.6.1
- Ensure That Funding Requests Are Appropriate - ADS 602.3.2
- Strengthen Oversight of Renovation Activities - FAR Part 36, “Construction and Architect-Engineer Contracts” - GAO/AIMD-00-21.3.1 (11/99), page 20
- Contracting Officials Did Not Document Contract Files or Communicate Adequately - 22 CFR 226 - FAR 4.801 (b)
- Fixed-Amount Reimbursement Agreements Reduce Risk - ADS Supplemental 317
- Contract Not Adequately Reviewed by Contract Review Board - (ADS) 302.3.1.2 - Contract Review Board Guidelines
- Questionable Spending Occurred - Federal Acquisition Regulations 52.216-7 and 52.216-8 USAID Acquisition Regulation 752.7003 FAR Subpart 31.2-Contracts with Commercial Organizations
- Contracting Mechanism Used for Program is not Appropriate - Federal Acquisition Regulation 16.505(a)(2) - supplemental policy to ADS 302, Indefinite Quantity Contract (IQC): Task Order Work Statement Development Checklist - Competition in Contracting Act
- Lack of Effective Program Oversight - ADS 302-Procedures for Designating the COTR for Contracts and Task Orders - ADS 303- Agreement Officer’s Technical Representative (AOTR) Designation – Cooperative Agreement Administration.
- Subcontracts Lacked Supporting Documentation and Were Susceptible to Fraud - (FAR) 31.201-2(d)
- Voluntary Population Planning Language Was Not Included in Subcontracts - USAID Acquisition Regulation (AIDAR) 752.7101, Voluntary Population Planning Activities
- Appropriate Records Were Not Retained - Federal Acquisition Regulation (FAR) 52.215-2, Audit and Records – Negotiation
- Source Origin Requirements Were Not Met - ADS 310, Source, Origin, and Nationality of Commodities - the Foreign Assistance Act Section 604 - ADS 310.5.5
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