[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Rules and Regulations]
[Pages 1640-1641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-291]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 9, 12, 42, and 52

[Correction; FAC 2005-55; FAR Case 2010-016; Item V; Docket 2010-0016, 
Sequence 1]
RIN 9000-AL94


Federal Acquisition Regulation; Public Access to the Federal 
Awardee Performance and Integrity Information System; Correction

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

ACTION: Correction.

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SUMMARY: This document contains a correction to the final rule that was 
published in the Federal Register at 77 FR 197 on January 3, 2012. An 
applicability date to the rule was inadvertently omitted.

DATES: The effective date for the rule published at 77 FR 197 remains 
January 3, 2012.
    Applicability Date: The clause prescription of this rule applies to 
solicitations issued on or after January 17, 2012, and resultant 
contracts.
    With regard to information entered by the Government into FAPIIS on 
and after January 17, 2012--
    (1) There will be a 14-calendar-day delay in the posting to the 
publicly available segment of FAPIIS; and
    (2) The notification generated when the Government posts new 
information to the contractor's record will inform the contractor of 
the 14-calendar-day delay and the contractor's right to request 
withdrawal of the posted information if the contractor asserts that the 
information is covered by a disclosure exemption under the Freedom of 
Information Act, as set forth in FAR 9.105-2(b)(2)(iv).

FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst, 
at (202) 501-0650, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at (202) 501-4755. Please cite FAC 2005-55, FAR Case 2010-
016; Correction.

SUPPLEMENTARY INFORMATION:  This document contains a correction to the 
final rule that was published in the Federal Register at 77 FR 197 on 
January 3, 2012, by adding an applicability date to the rule that was 
inadvertently omitted.
    DoD, GSA, and NASA adopted as final, with changes, an interim rule 
amending the Federal Acquisition Regulation (FAR) to implement section 
3010 of the Supplemental Appropriations Act, 2010. Section 3010 
requires that the information in the Federal Awardee Performance and 
Integrity Information System (FAPIIS), excluding past performance 
reviews, shall be made publicly available. The interim rule notified 
contractors of this new statutory requirement for public access to 
FAPIIS.
    The delayed application of the final rule will allow time for the 
Government to complete necessary system changes to support the 14-day 
wait period. The current system was designed to automatically transfer 
to the publicly available segment of FAPIIS all information posted by 
the Government (other than past performance information). As a result, 
until the change is implemented, there will not be an opportunity for a 
contractor to request withholding of the information before it is 
posted to the publicly available segment of FAPIIS. Any information 
entered into FAPIIS by the Government on or after January 17, 2012 
(other than past performance information, which will not transfer to 
the publicly available segment of FAPIIS), will be subject to a 14-
calendar-day delay before it is transferred to the publicly available 
segment of FAPIIS, regardless of whether the contract includes the 
January 2012 version or the January 2011 version of FAR 52.209-9, 
Updates of Publicly Available Information Regarding Responsibility 
Matters. This will allow all contractors opportunity to assert for the 
Government's consideration, within 7 calendar days of being posted, 
that the information is covered by a disclosure exemption under the 
Freedom of Information Act.


[[Page 1641]]


    Dated: January 5, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2012-291 Filed 1-10-12; 8:45 am]
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