[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Rules and Regulations]
[Pages 14067-14068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6331]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2010-0077, Sequence 2]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-40; Small Entity Compliance Guide

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Small Entity Compliance Guide.

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SUMMARY: This document is issued under the joint authority of the 
Secretary of Defense, the Administrator of General Services and the

[[Page 14068]]

Administrator of the National Aeronautics and Space Administration. 
This Small Entity Compliance Guide has been prepared in accordance with 
section 212 of the Small Business Regulatory Enforcement Fairness Act 
of 1996. It consists of the summary of the rule appearing in Federal 
Acquisition Circular (FAC) 2005-40 which amends the Federal Acquisition 
Regulation (FAR). Interested parties may obtain further information 
regarding this rule by referring to FAC 2005-40 which precedes this 
document. These documents are also available via the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below. Please cite FAC 2005-40 and the specific FAR case number. 
For information pertaining to status or publication schedules, contact 
the FAR Secretariat at (202) 501-4755.

                                           Rule Listed in FAC 2005-40
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                                    Subject                                        FAR case         Analyst
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Federal Awardee Performance and Integrity Information System (FAPIIS).........  2008-027        Gary.
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SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the 
actual revisions and/or amendments made by this FAR case, refer to FAR 
Case 2008-027.
    FAC 2005-40 amends the FAR as specified below:

Federal Awardee Performance and Integrity Information System (FAPIIS) 
(FAR case 2008-027)
    This final rule adopts, with changes, the proposed rule published 
in the Federal Register on September 3, 2009 (74 FR 45579); and amends 
the FAR to implement section 872 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009. Section 872 requires the 
establishment of a data system, Federal Awardee Performance and 
Integrity Information System (FAPIIS), containing specific information 
on the integrity and performance of covered Federal agency contractors 
and grantees. FAPIIS is available for use in award decisions at 
www.ppirs.gov. Government input to FAPIIS is accomplished at 
www.cpars.csd.disa.mil.
    FAPIIS is intended to significantly enhance the scope of 
information available to contracting officers as they evaluate the 
integrity and performance of prospective contractors competing for 
Federal contracts and to protect taxpayers from doing business with 
contractors that are not responsible sources. This final rule impacts 
Government contracting officers and contractors. The Government 
contracting officers will be required to--
     Check the FAPIIS website, available at www.ppirs.gov, 
before awarding a contract over the simplified acquisition threshold, 
consider all the information in FAPIIS and PPIRS when making a 
responsibility determination, and notify the agency official 
responsible for initiating debarment or suspension action if the 
information appears appropriate for the official's consideration; and
     Enter a non-responsibility determination into FAPIIS.
    The contractor will be required to:
    1. Confirm, at the time of offer submission, information pertaining 
to criminal, civil and administrative proceedings through which a 
requisite determination of fault was made, and report this information 
into FAPIIS; and
    2. Update the information in FAPIIS on a semi-annual basis, 
throughout the life of the contract, by entering the required 
information into FAPIIS via the Central Contractor Registration 
database, available at http://www.ccr.gov.

    Dated: March 18, 2010.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 2010-6331 Filed 3-22-10; 8:45 am]
BILLING CODE 6820-EP-S