[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]

[[Page 14057]]


Part V

Department of Defense

General Services Administration

National Aeronautics and Space Administration


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

[[Page 14058]]





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.


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
                                    Subject                                        FAR case         Analyst
Federal Awardee Performance and Integrity Information System (FAPIIS).........  2008-027        Gary.

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 
    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 
    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 
[FR Doc. 2010-6330 Filed 3-22-10; 8:45 am]