FAR 36.201—Evaluation of contractor performance.
Plain-English Summary
FAR 36.201 is a short cross-reference provision that directs readers to FAR 42.1502(e) for the rules on preparing past performance evaluations for construction contracts. In practical terms, this section does not itself set out the evaluation procedures, scoring methods, timing, or documentation requirements; instead, it tells contracting personnel and contractors where to find the governing requirements for assessing contractor performance on construction work. Its purpose is to ensure that construction contract performance is evaluated under the government-wide past performance system rather than under a separate, duplicative rule in Part 36. For contracting officers, contract administrators, and construction contractors, the key significance is that performance evaluation obligations still apply, but the operative details are controlled by the past performance policy in Part 42. This means anyone working construction acquisitions should look to FAR 42.1502(e) for the actual evaluation process, while using FAR 36.201 as the pointer that confirms construction contracts are included in that regime.
Key Rules
Cross-reference to Part 42
This section does not create a standalone evaluation rule. It directs the reader to FAR 42.1502(e), which contains the requirements for preparing past performance evaluations for construction contracts.
Construction contracts are covered
The section makes clear that construction contract performance evaluations are governed under the past performance evaluation framework. Agencies and contracting personnel should therefore treat construction work as subject to formal past performance reporting requirements.
No separate Part 36 procedure
Because the section only references Part 42, it signals that the detailed procedures, timing, and content requirements are not found here. Users must rely on the Part 42 provision for the substantive evaluation rules.
Responsibilities
Contracting Officer
Identify that construction contract performance evaluations are governed by FAR 42.1502(e) and ensure the applicable past performance evaluation requirements are followed.
Contractor
Understand that construction performance may be evaluated under the government’s past performance system and that the resulting evaluation can affect future source selections.
Agency
Apply the past performance evaluation requirements for construction contracts through the procedures in FAR 42.1502(e) and maintain consistency with the government-wide evaluation system.
Practical Implications
This section is mainly a navigation aid, so the real compliance work happens in FAR 42.1502(e).
Construction contractors should expect their performance to be documented and potentially used in future source selections, even though this section itself is brief.
A common mistake is assuming Part 36 contains the full evaluation process; it does not, so users must consult Part 42 for the operative requirements.
Contracting personnel should make sure construction evaluations are prepared on the correct schedule and in the correct system under the Part 42 rules.
Because the section is only a cross-reference, overlooking it can lead to missed evaluation obligations or inconsistent treatment of construction contracts across the agency.
Official Regulatory Text
See 42.1502 (e) for the requirements for preparing past performance evaluations for construction contracts.