This post was written by Joelle Laszlo.
In a twist lauded by proponents of government transparency, the 2010 Supplemental Appropriations Act (“Act”) signed by President Obama July 29, 2010, requires that nearly all of the information contained in the Federal Awardee Performance and Integrity Information System (“FAPIIS”) be made available on the Internet. Specifically, the Act amends the Clean Contracting Act of 2008 to provide that the General Services Administration (“GSA”) will post to the Web all FAPIIS data except contractor past performance reviews. The Act provides no deadline for GSA action in this regard, but the Office of Management and Budget, which oversees GSA’s administration of FAPIIS, is reportedly hard at work on the logistics of posting FAPIIS information on the Internet.
In May, Reed Smith provided details on the FAPIIS reporting requirements promulgated in the spring by the Federal Acquisition Regulation Council. Essentially, FAPIIS is to contain a comprehensive set of information regarding contractor performance, including contract terminations for default; contractor suspension, debarment, and other penalties; and contract-related criminal, civil, and administrative proceedings and their outcomes. Though contractors have the opportunity to comment on any of the information about them in FAPIIS, the public disclosure of nearly all FAPIIS data may leave some ill at ease. It is yet another reason contractors would be well advised to ensure their houses (and reports) are in order, before competitors, watchdogs, and the media come knocking.