[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Rules and Regulations]
[Page 14057-14058]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr10-17]
[[Page 14057]]
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Part V
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulation; Federal Acquisition Circular 2005-40:
Introduction, Small Entity Compliance Guide, Federal Awardee
Performance and Integrity, Information System; Final Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010-0076, Sequence 2]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-40; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rule.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) in this Federal
Acquisition Circular (FAC) 2005-40. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC. The FAC, including
the SECG, is available via the Internet at http://www.regulations.gov.
DATES: For effective date, see separate document, which follows.
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.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-40 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator for the National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2005-40 is
effective April 22, 2010.
Dated: March 17, 2010.
Linda W. Neilson,
Deputy Director, Defense Procurement and Acquisition Policy (Defense
Acquisition Regulation System).
Dated: March 16, 2010.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of Acquisition Policy, U.S.
General Services Administration.
Dated: March 15, 2010.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2010-6330 Filed 3-22-10; 8:45 am]
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