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Initially, FAPIIS was to be available only to "appropriate acquisition officials of Federal agencies,...other government officials as the Administrator [of General Services] determines appropriates, and, upon request to the Chairman and Ranking Member of the committees of Congress having jurisdiction," but Section 3010 of P.L.
(160) Jocelyn Allison, "Contractors Brace For Fallout From FAPIIS," no date, Portfolio Media, Inc., at http://www.mayerbrown.com/news/index.asp?nid=20&page=6&archive=Y.
The FAPIIS database will incorporate information from existing government sources, such as the Excluded Parties List System of suspended or debarred contractors.
To protect against misuse of the information, the rule proposes that only government personnel will view FAPIIS data.
A FAPIIS provision will appear in solicitations where the contract value is expected to exceed $500,000.
Even absent a contractor payment, settlements with acknowledged fault would he reportable to FAPIIS. Knowing that a wide range of matters might end up in FAPIIS, contractors will need to take this into account when resolving any criminal, civil or administrative matters.
Since FAPIIS will contain information covering a five-year period, some of that information may no longer be relevant.
Although contracting officers must consider the FAPIIS information when making the responsibility determination for a contract award, the proposed rule is not clear on using FAPIIS for past performance as a competitive evaluation factor, or for periodic past performance evaluations as contract work is completed.
The proposed rule creates a new contract clause requiring larger contractors to update their FAPIIS information semiannually throughout the life of contracts that are expected to exceed $500,000.
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