Government Contracts Update – New Regulations Allow Public Access to Sensitive Government Contractor Information
The Federal Awardee Performance and Integrity Information System (FAPIIS) is a consolidated database that centralizes and expands upon information regarding government contractors that is available to contracting officers when making responsibility determinations. Essentially, FAPIIS provides a “one-stop shop” for contracting officers to assess government contractor integrity and review past performance data. It contains links to the Past Performance Information Retrieval System (PPIRS), the Excluded Parties List System (EPLS), the Contractor Performance Assessment Reporting System (CPARS), and the Central Contractor Registry (CCR).
The scope of information within FAPIIS includes: (1) government contractor performance and past performance reviews; (2) contracting officer non-responsibility determinations and contract terminations for default or cause; (3) agency defective pricing determinations; (4) administrative agreements relating to the resolution of suspensions or debarments; and (5) civil, criminal, and administrative proceedings in which government contractors received adverse outcomes. However, pursuant to a recently-enacted regulation, all information collected in FAPIIS “on or after April 15, 2011,” with the exception of contractor past performance assessments, is available to the public. Because FAPIIS only contains a Freedom of Information Act (FOIA) clause that excludes FAPIIS postings made before April 15, 2011, the potential that sensitive information will be publicly released poses risks for contractors.
Government Contractor Rights and Responsibilities Under FAPIIS
- FAPIIS requires that an offeror “submitting a proposal on a Federal contract over $500,000 and having more than $10 million in active contracts and grants as of the time of proposal submission, must report in FAPIIS information pertaining to criminal, civil and administrative proceedings through which a requisite determination of fault was made.”
- Government contractors must report this information on a semi-annual basis via the Central Contractor Registration (CCR’s) website.
- By submitting a new offer and indicating that it has active contracts and grants in excess of $10 million a government contractor “represents” that the information within its report is “current, accurate, and complete” upon submission of the offer.
- Government contractors are entitled to receive “timely notification” when new information concerning that contractor is entered into FAPIIS.
A well-crafted compliance program can minimize the risk of contractor information reporting errors. The crux of an effective FAPIIS compliance program is information management. In order to ensure that information reported to FAPIIS is accurate, as required, and submitted on time, contractors should assign specific individuals the responsibility of managing FAPIIS submissions. Given that information in FAPIIS is available for public and competitor scrutiny, government contractors must be diligent in monitoring that the information submitted is accurate and not in excess of that which is required. Contractors need to stay aware of the parameters of FAPIIS reporting obligations, which will also ensure that all reporting requirements are met.
For more information or if you have any questions please contact Terry Murphy or Brad Reaves of the K&C Government Contracts & Construction Practice Group.
The contents of this publication are intended for general information only and should not be construed as legal advice or a legal opinion on specific facts and circumstances. Copyright 2020.