On January 24, 2011, the FAR Council issued an interim rule to implement a congressional mandate that the public must have access to all information (excluding past performance reviews) in the Federal Awardee Performance and Integrity Information System (“FAPIIS”). FAPIIS was created in 2010 as a one-stop shop for contracting officers to review information about prospective contractors’ business ethics, integrity, and performance. Click here for more information about FAPIIS.
After April 15, 2011, the public will have access to contractor-provided information about criminal, civil, and administrative proceedings, as well as government-provided information about contract terminations for default or cause and suspension and debarment. The new clause states that requests to review the information posted in FAPIIS before April 15, 2011, will be subject to the Freedom of Information Act process.
As to new contracts, contracting officers will be required to insert the new FAR clause in solicitations. As to existing contracts, contracting officers will be required to bilaterally modify existing contracts (including indefinite-delivery indefinite-quantity contracts) that contain the FAR clause 52.209-8. If the contracting officer is unable to negotiate this modification prior to April 15, 2011, the contracting officer will be required to obtain approval at least one level above the contracting officer to negotiate an alternate resolution.