Interim Rule Requiring Government Contractors’ Compliance Records to Be Publicly Available on Federal Government’s Contractor Performance and Integrity Information Website Is Revised and Now Final

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An interim rule requiring key matters regarding government contractors' violations of federal procurement requirements to be available on a searchable public website maintained by the U.S. federal government has recently been revised and finalized. The items included on the public website are summaries of all terminations for default, terminations for cause, terminations for material failure to comply, non-responsibility determinations, recipient not qualified determinations, defective pricing determinations, administrative agreements to resolve suspension and debarment proceedings, and U.S. Defense Department determinations of contractor fault since April 15, 2011.

These matters are reported by federal government personnel to the Federal Awardee Performance and Integrity Information System (FAPIIS), which previously had been available only to government personnel and contractors with respect to their own records. The publicly available information is accessible through http://www.fapiis.gov/fapiis/index.jsp.

The publicly available information will not include government personnel's past performance reviews of contractors, which will continue to be available only to government personnel and contractors with respect to their own records. Contractors that are debarred or suspended from government contract work due to misconduct are already listed on a publicly available website, but the information required to be made public by the rule was not previously readily available in this format.

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Published In: Administrative Agency Updates, Government Contracting Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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