FAC Requires Public Access to FAPIIS Information

The Civilian Agency Acquisition and Defense Acquisition Regulations Councils have issued Federal Acquisition Circular 2005-49, which contains one interim rule amending the Federal Acquisition Regulation. The rule (FAR Case 2010-016) addresses public access to the Federal Awardee Performance and Integrity Information System. The FAC also contains a Small Entity Compliance Guide. For the text of FAC 2005-49, see 70,002.129.

Statutory Requirement

The interim rule implements Section 3010 of Supplemental Appropriations Act, 2010 (PL 111-212), which requires the Administrator of General Services to post all information contained in the FAPIIS --with the exception of past performance reviews --on a publicly available website. This interim rule notifies contractors of this new statutory requirement for public access to FAPIIS and creates a new FAR clause at FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters, to support the posting of information in FAPIIS consistent with Section 3010. FAC 2005-40 contained a final rule (FAR Case 2008-027) that implemented the requirements for the FAPIIS. That rule and the associated launch of FAPIIS in April 2010 were part of an ongoing effort to enhance the government's ability to evaluate the business ethics and quality of prospective contractors competing for federal contracts. When first launched, FAPIIS was made available to appropriate acquisition officials, but Section 3010 modified this directive by requiring FAPIIS information to be publicly available. Accordingly, FAPIIS will now become the publicly available website. The new contract clause at FAR 52.209-9 replaces the clause at FAR 52.209-8, Updates of Information Regarding Responsibility Matters, which the interim rule removes. As specified in the amended prescription provision at FAR 9.104-7, FAR 52.209-9 must be inserted in solicitations where the contract value is expected to exceed $500,000. The rule makes corresponding changes to FAR 1.106, FAR 12.301, and FAR 52.209-7.

Applicability Dates

The interim rule carries a January 24, 2011, effective date, and comments are due by March 25, 2011. Contracting officers are encouraged, to the extent feasible, to amend existing solicitations in accordance with FAR 1.108(d) to include the clause at FAR 52.209-9 in contracts to be awarded on or after January 24, 2011. Prior to April 15, 2011, COs must bilaterally modify existing contracts, including indefinite-delivery/indefinite-quantity contracts, that contain the FAR 52.209-8 clause, if a 6-month update will be due on or after April 15, 2011. The modification must replace the FAR 52.209-8 clause with the newly added FAR 52.209-9, Alternate I. If the CO cannot negotiate this modification before April 15, 2011, the CO must obtain higher-level approval to negotiate an alternate resolution.




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