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FAR Clause 52.209-8 Class Deviation – Public Access to Information in the Federal Awardee Performance and Integrity Information System (FAPIIS)

October 15, 2010

TO:                 Heads of Contracting Activity

FROM:           Nancy J. Gunderson  / signed /

Deputy Assistant Secretary for Grants & Acquisition Policy and Accountability; and Acting Associate Deputy Assistant Secretary for Acquisition

SUBJECT:      Class Deviation – Public Access to Information in the Federal Awardee Performance and Integrity Information System (FAPIIS)

 

Purpose: FAR clause 52.209-8, Updates of Information Regarding Responsibility Matters (APR 2010), contains a statement to contractors that data posted in the Federal Awardee Performance and Integrity Information System (FAPIIS) will not be made public, except information releasable under the Freedom of Information Act.  However, Public Law 111-212, enacted on July 29, 2010, requires information in FAPIIS, except past performance reviews, to reside on a publicly available website.

 

To resolve the above discrepancy and effect a smooth transition to public availability of FAPIIS information, the attached deviation to FAR clause 52.209-8 notifies contractors that: 1) all information posted in FAPIIS after April 15, 2011, except past performance reviews, will be available to the public; and 2) requests for information posted prior to April 15, 2011 will still be processed under the Freedom of Information Act.

 

Guidance:  I hereby approve a class deviation from FAR clause 52.209-8, Updates of Information Regarding Responsibility Matters (APR 2010), and direct use of the attached revised FAR clause 52.209-8 (OCT 2010) in new solicitations and contracts. 

 

Effective Date: Immediately. This deviation shall remain in effect until the new FAPIIS interim rule is issued.  It is anticipated that the interim rule will be issued by December 2010, and will contain instructions to contracting officers on modifying existing contracts that include the current FAR clause 52.209-8 (APR 2010).

 

CAAC Consultation: The attached memorandum from the Chairman of the Civilian Agency Acquisition Council constitutes the consultation required by FAR 1.404 for class deviations.

 

If you have any questions regarding this class deviation, please contact Cheryl Howe at 202-690-5552 or at cheryl.howe@hhs.gov.

 

Attachment

 

cc: FAR Secretariat