Rule2023-05671
Defense Federal Acquisition Regulation Supplement: Use of Supplier Performance Risk System (SPRS) Assessments (DFARS Case 2019-D009)
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Published
March 22, 2023
Effective
March 22, 2023
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update the policy and procedures for use of the Supplier Performance Risk System and to require contracting officers to consider SPRS risk assessments, if available, in the evaluation of a supplier's quotation or offer and to consider SPRS supplier risk assessments when determining contractor responsibility.
Full Text
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<title>Federal Register, Volume 88 Issue 55 (Wednesday, March 22, 2023)</title>
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[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Rules and Regulations]
[Pages 17336-17340]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05671]
[[Page 17335]]
Vol. 88
Wednesday,
No. 55
March 22, 2023
Part III
Department of Defense
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Defense Acquisition Regulations System
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48 CFR Parts 204, 208, et al.
Defense Federal Acquisition Regulation Supplements: Use of Supplier
Performance Risk System (SPRS) Assessments (DFARS Case 2019-D009);
Noncommercial Computer Software (DFARS Case 2018-D018); Ground and
Flight Risk (DFARS Case 2020-D027); Contract Administration Office
Functions Relating to Direct Costs (DFARS Case 2022-D021); Technical
Amendments; Export-Controlled Items (DFARS Case 2018-D053);
Restrictions on Overhaul and Repair of Naval Vessels in Foreign
Shipyards (DFARS Case 2021-D021); Final Rules and Proposed Rules
Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 /
Rules and Regulations
[[Page 17336]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204, 208, 209, 212, 213, 215, 216, and 252
[Docket DARS-2020-0027]
RIN 0750-AK44
Defense Federal Acquisition Regulation Supplement: Use of
Supplier Performance Risk System (SPRS) Assessments (DFARS Case 2019-
D009)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update the policy and
procedures for use of the Supplier Performance Risk System and to
require contracting officers to consider SPRS risk assessments, if
available, in the evaluation of a supplier's quotation or offer and to
consider SPRS supplier risk assessments when determining contractor
responsibility.
DATES: Effective March 22, 2023.
FOR FURTHER INFORMATION CONTACT: Heather Kitchens, telephone 571-296-
7152.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 85 FR
53748 on August 31, 2020, to amend the DFARS to require contracting
officers to consider Supplier Performance Risk System (SPRS) risk
assessments during evaluation of quotations or offers and to consider
the SPRS supplier risk assessment in the evaluation of contractor
responsibility. Two respondents submitted public comments in response
to the proposed rule.
II. Discussion and Analysis
DoD reviewed the public comments in the development of the final
rule. A discussion of the comments and the changes made to the rule as
a result of those comments is provided, as follows.
A. Summary of Significant Changes From the Proposed Rule
As a result of public comments, there are changes from the proposed
rule in the final rule to clarify applicability of the rule.
Additionally, editorial and clarifying changes were made in the final
rule as discussed in paragraph C of this preamble.
B. Analysis of Public Comments
a. Solicitation Provision Applicability
Comment: One respondent commented that the prescription for
solicitation provision 252.204-70XX, Notice to Prospective Suppliers on
the Use of the Supplier Performance Risk System in Performance
Evaluations, should be updated at DFARS 204.7X04 to state that the
provision is for use in solicitations using FAR part 13 simplified
acquisition procedures, including solicitations for supplies and
services using FAR part 12 procedures for the acquisition of commercial
items, to align with DFARS 204.7X02, Applicability.
Response: The final rule revises DFARS 204.7602, Applicability, to
align with the solicitation provision prescription at DFARS 204.7604
and the stated intent of the rule to move the coverage from part 213 to
a new subpart 204.76, as described in the preamble of the proposed
rule. Section 204.7602 states that use of SPRS risk assessments is
required for the evaluation of quotations or offers in response to
solicitations for supplies and services, including solicitations using
FAR part 12 procedures for the acquisition of commercial products and
commercial services. DFARS 204.7602, as revised, does not limit
applicability of use of SPRS risk assessments to acquisitions using FAR
part 13 simplified acquisition procedures; therefore, the recommended
change to the solicitation provision prescription at DFARS 204.7604
will not be made.
The solicitation provision is prescribed for use in solicitations
for supplies and services, including solicitations using FAR part 12
procedures for the acquisition of commercial products and commercial
services. To clarify that the provision also applies to solicitations
using FAR part 13 simplified acquisition procedures, the rule revises
the language in part 213 at 213.106-2, paragraph (b)(i), to provide a
cross-reference to 204.7603 and to require contracting officers to
consider SPRS risk assessments as a basis of award for solicitations
using FAR part 13 simplified acquisition procedures, and obsolete
language is removed. Further, to more clearly reflect that the intended
purpose of the provision extends beyond FAR part 13 actions, the
provision title is revised to read as follows: 252.204-7024, Notice on
the Use of the Supplier Performance Risk System.
The proposed rule, at sections I. and II. of the preamble, stated
that SPRS is required to be used to evaluate quotes and offers received
under all solicitations for supplies and services. To further clarify
applicability of the procedures at DFARS 204.7603 to Federal Supply
Schedules, commercial acquisitions, acquisitions using FAR part 13
simplified acquisition procedures, evaluation of offers under part 215,
and indefinite-delivery contracts, cross-references to DFARS 204.7603
are added to--
<bullet> Subpart 208.4, Federal Supply Schedules;
<bullet> Subpart 212.2, Special Requirements for the Acquisition of
Commercial Products and Commercial Services;
<bullet> Subpart 213.1, Procedures;
<bullet> 215.3, Source Selection; and
<bullet> Subpart 216.5, Indefinite-Delivery Contracts.
b. SPRS Website
Comment: One respondent commented that Government-Industry Data
Exchange Program (GIDEP) alerts are not appropriate measures of quality
performance and such data cannot be accurately translated into
meaningful risk scores without dissecting each GIDEP report, including
supplier letters and enclosures.
Response: GIDEP alerts are only used if they are Government-
generated (Agency Action Notice) with a Commercial and Government
Entity (CAGE) code reported explicitly for Suspected Counterfeit or
Failure Experience. SPRS does not search GIDEP narratives or text. It
only searches for data indicating that the item has been identified as
suspected counterfeit or has been determined to be a material failure.
Comment: One respondent commented that Mechanization of Contact
Administration Services (MOCAS) is not specifically intended to measure
on-time delivery performance and will require substantial investment by
industry and DoD buying commands to maintain its accuracy and
reliability.
Response: SPRS only uses MOCAS records that provide a specific
contractor's Commercial and Government Entity (CAGE) code, product
service code (PSC), and a required delivery date on a contract line
item that can be matched to an actual delivery date. This constrained
usage mitigates the concerns the respondent identified.
Comment: One respondent commented that the SPRS system itself may
not be able to handle the
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administrative and logistical challenges that will arise under its
expanded use.
Response: DoD does not expect any issues with increased user
traffic as a result of this rule. SPRS has recently experienced a rapid
increase in user activity without any system impacts. Publication of
this rule will not adversely impact operation of the system or the
program office.
C. Other Changes
The following are amplifying changes to the rule that are not based
on public comments, but were made to add clarity:
<bullet> The term ``overall risk assessments'' at DFARS 204.7602
and 204.7603 was changed to ``risk assessments'' throughout the final
rule to use language consistent with the SPRS website.
<bullet> Some instances of the terms ``evaluated'' and
``evaluation'' were replaced with the term ``considered'' and ``shall
consider'' to clarify that risk assessments are not a mandatory, stand-
alone, evaluation factor for source selections and that the contracting
officer shall ``consider'' the risk assessments, if available, as part
of broader evaluation factors during evaluation of quotations or offers
and when determining contractor responsibility.
<bullet> DFARS 204.7603, Procedures, was updated to clarify the
scope of SPRS risk assessments required to be considered when procuring
supplies and services and the scope of SPRS risk assessments required
to be considered when procuring an end product (see FAR 2.101)
identified by an available material identifier (see Procedures,
Guidance, and Information (PGI) 204.7603). The contracting officer
shall consider price risk and supplier risk, if available, as part of
the award decision. For the procurement of an end product identified by
an available material identifier, the contracting officer shall also
consider item risk.
<bullet> DFARS 204.7603, Procedures, was updated to clarify that
contracting officers shall use their discretion in considering the
information available in SPRS.
<bullet> DFARS 204.7603, Procedures, was updated under paragraph
(a), Item Risk, to clarify that a SPRS item risk search is required for
any end product that did not have an item risk search performed prior
to solicitation to ensure that item risk searches in SPRS only occur if
an end product did not have an item risk search performed prior to
solicitation; and paragraph (b), Price Risk, applies when procuring a
service or an end product identified by an available material
identifier.
<bullet> An editorial change was made throughout to correct an
administrative error by removing the words ``or services'' from the
definition of ``item risk'', as item risk does not apply to services.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold, for Commercial Services, and for Commercial Products,
Including Commercially Available Off-the-Shelf Items
This rule creates a new solicitation provision, DFARS 252.204-7024,
Notice on the Use of the Supplier Performance Risk System. The
provision at DFARS 252.204-7024 is prescribed at DFARS 204.7604 for use
in in solicitations for supplies and services, including solicitations
using FAR part 12 procedures for the acquisition of commercial products
and commercial services. The provision is applicable to acquisitions at
or below the simplified acquisition threshold (SAT) and to acquisitions
of commercial products, including commercially available off-the-shelf
(COTS) items, and commercial services. Not applying this provision to
contracts at or below the SAT and for the acquisition of commercial
products, including COTS items, and commercial services would exclude
contracts intended to be covered by this rule and undermine the
overarching purpose of the rule. Consequently, DoD is applying the rule
to contracts below the SAT, for the acquisition of commercial services,
and for the acquisition of commercial products, including COTS items.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993.
V. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a major rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
This final rule is necessary to revise the Defense Federal
Acquisition Regulation Supplement (DFARS) to incorporate the expanded
capabilities of the Supplier Performance Risk System (SPRS), made
possible by recent technical enhancements. SPRS is a DoD enterprise
application that retrieves price, item, quality, delivery, and
contractor performance data from Government reporting systems. SPRS
collects quality and delivery data from Government systems to develop
risk assessments. The system provides three risk assessments for
contracting officer use in evaluations of quotations and offers: an
item risk assessment, a price risk assessment, and a supplier risk
assessment.
The objective of the final rule is to notify offerors, via the new
solicitation provision at DFARS 252.204-7024, that SPRS collects
performance data from a variety of Government sources on awarded
contracts to develop item risk, price risk, and supplier risk
assessments for contracting officers to consider during evaluation of
quotations or offers. The final rule also requires contracting officers
to consider the supplier risk assessment in the determination of
contractor responsibility.
No comments were received in response to the initial regulatory
flexibility analysis.
The Federal Procurement Data System indicates that in fiscal years
2020 through 2022, DoD awarded an average of 483,364 contracts per year
for both products and services, of which an average of 338,039
(approximately 70 percent) were awarded to an average of 22,760 unique
small businesses.
This rule does not require any specific reporting, recordkeeping,
or compliance requirements.
No significant economic impact on small businesses is anticipated
as a result of the final rule. DoD does not expect small entities will
be materially affected by this rule. There are no
[[Page 17338]]
known significant alternatives to the rule.
VII. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 204, 208, 209, 212, 213, 215, 216,
and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 204, 208, 209, 212, 213, 215, 216, and 252
are amended as follows:
0
1. The authority citation for 48 CFR parts 204, 208, 209, 212, 213,
215, 216, and 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE AND INFORMATION MATTERS
0
2. Add subpart 204.76 to read as follows:
Subpart 204.76--Supplier Performance Risk System
204.7600 Scope of subpart.
204.7601 Definitions.
204.7602 Applicability.
204.7603 Procedures.
204.7604 Solicitation provision.
Subpart 204.76--Supplier Performance Risk System
204.7600 Scope of subpart.
This subpart provides policies and procedures for use of the
Supplier Performance Risk System (SPRS) risk assessments in the
evaluation of a quotation or offer.
204.7601 Definitions.
As used in this subpart--
Item risk means the probability that a product, based on intended
use, will introduce performance risk resulting in safety issues,
mission degradation, or monetary loss.
Price risk means the measure of whether a proposed price for a
product or service is consistent with historical prices paid for that
item or service.
Supplier risk means the probability that an award may subject the
procurement to the risk of unsuccessful performance or to supply chain
risk (see 239.7301).
204.7602 Applicability.
Use of SPRS risk assessments is required for the evaluation of
quotations or offers in response to solicitations for supplies and
services, including solicitations using FAR part 12 procedures for the
acquisition of commercial products and commercial services, excluding
solicitations for the procurement of supplies or services exempted by
the Department of Defense Instruction (DoDI) 5000.79, Defense-wide
Sharing and Use of Supplier and Product Performance Information. SPRS
retrieves item, price, quality, delivery, and contractor information
from contracts in Government reporting systems in order to develop risk
assessments of contractors. SPRS is available at <a href="https://piee.eb.mil/">https://piee.eb.mil/</a>,
and the SPRS user's guides are available at <a href="https://www.sprs.csd.disa.mil/reference.htm">https://www.sprs.csd.disa.mil/reference.htm</a>.
204.7603 Procedures.
The contracting officer shall consider price risk and supplier
risk, if available in SPRS, as a part of the award decision. For
procurement of an end product identified by a material identifier that
is available as described at PGI 204.7603, the contracting officer
shall also consider assessments of item risk, if available, as a part
of the award decision. Offerors or quoters without a risk assessment in
SPRS shall not be considered favorably or unfavorably. Contracting
officers shall use their discretion in considering the information
available in SPRS on item risk, price risk, and supplier risk as
follows:
(a) Item risk. (1) Consider item risk to determine whether the
procurement of products represents a high performance risk to the
Government. If an item has a high risk rating, then the SPRS item risk
report will display the reason(s) an item is identified as high risk.
(2) Before issuing a solicitation for the procurement of an end
product identified by a material identifier that is available as
described at PGI 204.7603, the contracting officer shall ensure a SPRS
item risk search has been performed and shall consider any item risk
warnings provided. When evaluating quotations or offers for an end
product identified by a material identifier, a SPRS item risk search is
required for any end product that did not have an item risk search
performed prior to solicitation. If there are item risk warnings, the
contracting officer shall consider strategies to mitigate risk, such as
the following:
(i) Consulting with the program office.
(ii) Including mitigating requirements in the statement of work, as
provided by the requiring activity.
(iii) Including FAR and DFARS clauses identified in the SPRS
application, as appropriate.
(b) Price risk. (1) When procuring a service or an end product
identified by a material identifier that is available as described at
PGI 204.7603, the contracting officer shall consider price risk
assessment in determining if a proposed price is consistent with
historical prices paid for an item or otherwise creates a risk to the
Government. Contracting officers shall not rely solely on the price
risk assessment when determining prices to be fair and reasonable.
(2) The contracting officer shall consider strategies to mitigate
price risk, such as the following:
(i) Not awarding to offerors or quoters with high risk price
ratings unless there is a way to justify the price through additional
price or cost analysis.
(ii) Utilizing appropriate price negotiation techniques and
procedures.
(iii) Using price reasonableness or price realism techniques at FAR
13.106 or 15.4. See also 215.403-3 when making award decisions.
(c) Supplier risk. The contracting officer shall consider supplier
risk, to assess the risk of unsuccessful performance and supply chain
risk, in award decisions. Supplier risk assessments in SPRS include
quality, delivery, and other contractor performance information.
204.7604 Solicitation provision.
Except for supplies or services exempted by DoDI 5000.79, use the
provision at 252.204-7024, Notice on the Use of the Supplier
Performance Risk System, in solicitations for supplies and services,
including solicitations using FAR part 12 procedures for the
acquisition of commercial products and commercial services.
PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES
0
3. Amend section 208.405 by adding paragraph (4) to read as follows:
208.405 Ordering procedures for Federal Supply Schedules.
* * * * *
(4) See 204.7603 for procedures on the required use of the Supplier
Performance Risk System (SPRS) risk assessments.
(i) The contracting officer shall ensure SPRS assessments of price
risk and supplier risk are considered as a part of the award decision.
[[Page 17339]]
(ii) When placing an order with a schedule contractor for an end
product identified by a material identifier that is available as
described at PGI 204.7603, and item risk was not previously considered
during award of the schedule contract, the contracting officer shall
also consider SPRS assessments of item risk in the award decision.
(iii) Use the provision at 252.204-7024, Notice on the Use of the
Supplier Performance Risk System, as prescribed in 204.7604 to the
extent permitted by the Federal Supply Schedule.
PART 209--CONTRACTOR QUALIFICATIONS
0
4. Amend section 209.105-1 by revising paragraph (2) to read as
follows:
209.105-1 Obtaining information.
* * * * *
(2) A satisfactory performance record is a factor in determining
contractor responsibility (see FAR 9.104-1(c)).
(i) One source of information relating to contractor performance is
the Contractor Performance Assessment Reporting System (CPARS),
available at <a href="https://www.cpars.gov/">https://www.cpars.gov/</a>.
(ii) Information relating to contract terminations for cause and
for default is also available through the Federal Awardee Performance
and Integrity Information System (FAPIIS) module of CPARS, available at
<a href="https://sam.gov">https://sam.gov</a> (see FAR subpart 42.15). This termination information
is just one consideration in determining contractor responsibility.
(iii) Contracting officers shall consider the supplier risk
assessment available in the Supplier Performance Risk System at <a href="https://piee.eb.mil/">https://piee.eb.mil/</a> when determining responsibility. See 204.7603(c).
PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
0
5. Amend section 212.203 by adding paragraph (3) to read as follows:
212.203 Procedures for solicitation, evaluation, and award.
* * * * *
(3) See 204.7603 for procedures on the required use of Supplier
Performance Risk System risk assessments as part of the award decision.
0
6. Amend section 212.301 by--
0
a. Adding paragraph (f)(ii)(O);
0
b. Removing paragraph (f)(v); and
0
c. Redesignating paragraphs (f)(vi) through (xx) as paragraphs (f)(v)
through (xix).
The addition reads as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial products and commercial services.
* * * * *
(f) * * *
(ii) * * *
(O) Use the provision at 252.204-7024, Notice on the Use of the
Supplier Performance Risk System, as prescribed in 204.7604.
* * * * *
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
0
7. Revise section 213.106-2 to read as follows:
213.106-2 Evaluation of quotations or offers.
(b)(i) See 204.7603 for procedures on the requirement for
contracting officers to consider Supplier Performance Risk System risk
assessments as a basis of award.
0
8. Revise section 213.106-2-70 to read as follows:
213.106-2-70 Solicitation provision.
Use the provision at 252.204-7024, Notice on the Use of the
Supplier Performance Risk System, as prescribed in 204.7604.
PART 215--CONTRACTING BY NEGOTIATION
0
9. Amend section 215.304 by adding paragraph (c)(viii) to read as
follows:
215.304 Evaluation factors and significant subfactors.
(c) * * *
(viii)(A) When procuring supplies or services, the contracting
officer shall ensure Supplier Performance Risk System (SPRS)
assessments of price risk and supplier risk are considered as a part of
the award decision. See 204.7603.
(B) When procuring an end product identified by a material
identifier that is available as described at PGI 204.7603, the
contracting officer shall also consider SPRS assessments of item risk
in the award decision.
0
10. Amend section 215.404-1 by adding paragraph (b)(viii) to read as
follows:
215.404-1 Proposal analysis techniques.
* * * * *
(b) * * *
(viii) When procuring a service or an end product identified by a
material identifier that is available as described at PGI 204.7603, the
contracting officer shall consider the Supplier Performance Risk System
price risk assessments in determining if a proposed price is consistent
with historical prices paid for an item or otherwise creates a risk to
the Government. See also 215.403-3(a)(1).
* * * * *
PART 216--TYPES OF CONTRACTS
0
11. Amend section 216.505 by adding paragraph (a)(S-71) to read as
follows:
216.505 Ordering.
(a) * * *
(S-71) See 204.7603 for procedures on the required use of the
Supplier Performance Risk System (SPRS) risk assessments.
(i) The contracting officer shall ensure SPRS assessments of price
risk and supplier risk are considered as a part of the award decision.
(ii) When placing an order for an end product identified by a
material identifier that is available as described at PGI 204.7603, and
item risk was not previously considered during award of the contract,
the contracting officer shall also consider SPRS assessments of item
risk in the award decision.
(iii) Use the provision at 252.204-7024, Notice on the Use of the
Supplier Performance Risk System, as prescribed in 204.7604 to the
extent permitted by the contract.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
12. Add section 252.204-7024 to read as follows:
252.204-7024 Notice on the Use of the Supplier Performance Risk
System.
As prescribed in 204.7604, use the following provision:
Notice on the Use of the Supplier Performance Risk System (Mar 2023)
(a) Definitions. As used in this provision--
Item risk means the probability that a product, based on
intended use, will introduce performance risk resulting in safety
issues, mission degradation, or monetary loss.
Price risk means a measure of whether a proposed price for a
product or service is consistent with historical prices paid for
that item or service.
Supplier risk means the probability that an award may subject
the procurement to the risk of unsuccessful performance or to supply
chain risk (see Defense Federal Acquisition Regulation Supplement
239.7301).
(b) The Supplier Performance Risk System (SPRS), available at
<a href="https://piee.eb.mil/">https://piee.eb.mil/</a>, will be used in the evaluation of the Quoter
or Offeror's performance. SPRS retrieves item, price, quality,
delivery, and contractor information on contracts from Government
[[Page 17340]]
reporting systems in order to develop risk assessments.
(c) The Contracting Officer will consider SPRS risk assessments
during the evaluation of quotations or offers received in response
to this solicitation as follows:
(1) Item risk will be considered to determine whether the
procurement represents a high performance risk to the Government.
(2) Price risk will be considered in determining if a proposed
price is consistent with historical prices paid for a product or a
service or otherwise creates a risk to the Government.
(3) Supplier risk, including but not limited to quality and
delivery, will be considered to assess the risk of unsuccessful
performance and supply chain risk.
(d) SPRS risk assessments are generated daily. Quoters or
Offerors are able to access their risk assessments by following the
access instructions in the SPRS user's guide available at <a href="https://www.sprs.csd.disa.mil/reference.htm">https://www.sprs.csd.disa.mil/reference.htm</a>. Quoters and Offerors are
granted access to SPRS for their own risk assessment classifications
only. SPRS reporting procedures and risk assessment methodology are
detailed in the SPRS user's guide. The method to challenge a rating
generated by SPRS is also provided in the user's guide. SPRS
evaluation criteria are available at <a href="https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf">https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf</a>.
(e) The Contracting Officer may consider any other available and
relevant information when evaluating a quotation or an offer.
(End of provision)
252.213-7000 [Removed and Reserved]
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13. Remove and reserve section 252.213-7000.
[FR Doc. 2023-05671 Filed 3-21-23; 8:45 am]
BILLING CODE 5001-06-P
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