Federal Acquisition Regulation: Federal Acquisition Circular 2005-40; Introduction

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

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

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.

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 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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