Federal contractor past performance
information—traditionally made available only to federal
acquisition professionals for use in making award and
responsibility determinations—will soon be made available
to the general public at the Federal Awardee Performance and
Integrity Information System ("FAPIIS") website, http://www.ppirs.gov/fapiis.html. The
publicly available information will include contractor suspension
and debarment information, government-imposed penalty information,
contract terminations, and contractor criminal and civil court
proceedings. There is one exception: contractor performance
reviews will not be made public.
The change is part of the 2010 Supplemental Appropriations Act,
which President Obama signed into law on July 29, 2010.
Industry groups, such as the Professional Services Council, are
concerned that the information will be misinterpreted and misused
by users unfamiliar with government contracting, including members
of Congress, reporters and public interest groups.
More than ever, a federal contractor needs to challenge (assuming a
viable basis for doing so) any suspension or debarment actions
brought against it and consistently monitor its FAPIIS information
to ensure accuracy.
Government officials still must approve regulations to make the
FAPIIS database available to the public. According to the
General Services Administration, regulators do not yet know when an
interim rule will be issued.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.