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10-16

 

Procurement Information Circular


October 15, 2010

 

CLASS DEVIATION TO FAR 52.209-8,

UPDATES REGARDING RESPONSIBILITY MATTERS (APR 2010)

           

PURPOSE:  This class deviation facilitates the implementation of the requirement in PL 111-212 to make the information, except for past performance reviews, in the Federal Awardee Performance and Integrity Information System (FAPIIS) database, publically available.   

 

BACKGROUND:  In April 2010, FAR Clause 52.209-8 was added to require contractors to post, semi-annually, updates to their integrity data in the Central Contractor Registration (CCR).  CCR feeds the FAPIIS database.  At that time, the clause included the following statement:

 

With the exception of the contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor’s record in the system. 

 

Subsequently, The Supplemental Appropriations Act for FY 2010 was issued which contained a requirement to make all information in FAPIIS, except for past performance reviews, available to the public.  FAR Case 2010-016, Public Access to FAPIIS, has been opened to address the new public availability requirement and an interim rule formally changing FAR 52.209-8 is expected by January, 2010.

 

GUIDANCE:  This deviation will permit immediate use of the revised clause thereby limiting the number of contracts that contain the language indicating that information will not be released.  The FAPIIS system will be set to conceal any information that has been added by contractors between April and October 15, 2010.  Contracts issued between April and

October 15, 2010 will have to be modified following the issuance of the interim rule; additional guidance will be provided at that time.

 

Effective immediately, this class deviation shall be utilized in all solicitations where the resultant contract value is expected to exceed $500,000 and in resultant contracts in cases where the offeror has indicated that it has active Federal contracts and grants with a total value greater than $10,000,000.  The deviated clause –

 

·         Removes the statement that, with the exception of the contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view a contractor’s record in FAPIIS. 

·         Notifies the contractor that—

 

o   All information posted in FAPIIS after April 15, 2011, except past performance reviews, will be available to the public.

o   Requests for information that was posted prior to April 15, 2011, will still be handled under Freedom of Information Act.

 

·         Requires the contractor, at the first semi-annual update after April 15, 2011, to post again any required information that the contractor posted in FAPIIS prior to April 15, 2011, so that it will be available to the public.          

Because the FAPIIS database consists of both contractor and Government entries, and because the system will now be available for public view, contracting officers should take appropriate steps to ensure they do not post information in the system that would create a harm protected by a disclosure exemption under the Freedom of Information Act.  For example, heightened attention might need to be given to whether documentation supporting a non-responsibility determination or termination for default decision should be redacted before the determination or decision is posted.

 

 EFFECTIVE DATE:  This PIC is effective as dated and shall remain in effect until cancelled.    

 

HEADQUARTERS CONTACT:  Leigh Pomponio, Office of Procurement, Contract Management Division, (202)358-0592, email: leigh.pomponio@nasa.gov.

 

         /s/

William McNally

Assistant Administrator for Procurement

 

Enclosure

 

DISTRIBUTION:

  PIC List

 



52.209-8 Updates of Information Regarding Responsibility Matters (DEVIATION)

As prescribed at 9.104-7(c), insert the following clause:

UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS

 (DEVIATION OCT 2010)

(a)(1) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by enteringposting the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

   (2)  At the first semi-annual update on or after April 15, 2011, the contractor shall post again any required information that the contractor posted prior to April 15, 2011.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) Public access to information in FAPIIS.  (i) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor’s record in the system. Public requests for system information that was posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii)  As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publically available.

(End of clause)