MEMORANDUM

U.S. Department of
Transportation
Office of the Secretary
of Transportation

In accordance with the Federal Acquisition Regulation (FAR) 1.404, I authorize a class deviation from the requirements of FAR 36.201, 36.604, 53.236-1(b) and 53.236-2(d).  FAR 36.201 requires the use of the Standard Form 1420, Performance Evaluation (Construction) when evaluating a contractor’s performance under a construction contract.  In addition, FAR 36.604 requires the use of Standard Form 1421, Performance Evaluation (Architect-Engineer) when evaluating a contractor’s performance under an architect-engineer contract.  The National Institutes of Health (NIH), Contractor Performance System (CPS), which is to being used throughout the U.S. Department of Transportation (DOT), provides a Contractor Performance Insert Form for construction and will be implementing one for architect-engineer contracts in an upcoming revision.  The NIH forms include all of the data elements required by the SF’s 1420 and 1421 and offer several additional advantages. 

The Chairman of the Civilian Agency Acquisition Council has authorized civilian agencies using the NIH CPS to issue a class deviation from the requirements of  FAR 36.201, 36.604, 53.236-1(b) and 53.236-2(d).  This deviation is authorized for  those Operating Administrations within DOT who are using the NIH CPS and related forms.  This class deviation will remain in effect until the issuance of a FAR change.