Federal Acquisition Regulation; Federal Acquisition Circular 2005-40; Small Entity Compliance Guide, 14067-14068 [2010-6331]
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Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Rules and Regulations
d. Removing from paragraph (a)(2)
‘‘subsidiary, division, or’’ and adding
‘‘division or’’ in its place.
■ 15. Add sections 52.209–7 and
52.209–8 to read as follows:
■
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52.209–7 Information Regarding
Responsibility Matters.
As prescribed at 9.104–7(b), insert the
following provision:
INFORMATION REGARDING
RESPONSIBILITY MATTERS (Apr
2010)
(a) Definitions. As used in this
provision—
Administrative proceeding means a
non-judicial process that is adjudicatory
in nature in order to make a
determination of fault or liability (e.g.,
Securities and Exchange Commission
Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings,
and Armed Services Board of Contract
Appeals Proceedings). This includes
administrative proceedings at the
Federal and State level but only in
connection with performance of a
Federal contract or grant. It does not
include agency actions such as contract
audits, site visits, corrective plans, or
inspection of deliverables.
Federal contracts and grants with
total value greater than $10,000,000
means—
(1) The total value of all current,
active contracts and grants, including all
priced options; and
(2) The total value of all current,
active orders including all priced
options under indefinite-delivery,
indefinite-quantity, 8(a), or
requirements contracts (including task
and delivery and multiple-award
Schedules).
(b) The offeror [ ] has [ ] does not have
current active Federal contracts and
grants with total value greater than
$10,000,000.
(c) If the offeror checked ‘‘has’’ in
paragraph (b) of this provision, the
offeror represents, by submission of this
offer, that the information it has entered
in the Federal Awardee Performance
and Integrity Information System
(FAPIIS) is current, accurate, and
complete as of the date of submission of
this offer with regard to the following
information:
(1) Whether the offeror, and/or any of
its principals, has or has not, within the
last five years, in connection with the
award to or performance by the offeror
of a Federal contract or grant, been the
subject of a proceeding, at the Federal
or State level that resulted in any of the
following dispositions:
(i) In a criminal proceeding, a
conviction.
(ii) In a civil proceeding, a finding of
fault and liability that results in the
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payment of a monetary fine, penalty,
reimbursement, restitution, or damages
of $5,000 or more.
(iii) In an administrative proceeding,
a finding of fault and liability that
results in—
(A) The payment of a monetary fine
or penalty of $5,000 or more; or
(B) The payment of a reimbursement,
restitution, or damages in excess of
$100,000.
(iv) In a criminal, civil, or
administrative proceeding, a disposition
of the matter by consent or compromise
with an acknowledgment of fault by the
Contractor if the proceeding could have
led to any of the outcomes specified in
paragraphs (c)(1)(i), (c)(1)(ii), or
(c)(1)(iii) of this provision.
(2) If the offeror has been involved in
the last five years in any of the
occurrences listed in (c)(1) of this
provision, whether the offeror has
provided the requested information
with regard to each occurrence.
(d) The offeror shall enter the
information in paragraphs (c)(1)(i)
through (c)(1)(iv) of this provision in
FAPIIS as required through maintaining
an active registration in the Central
Contractor Registration database at
https://www.ccr.gov (see 52.204–7).
Principal means an officer, director,
owner, partner, or a person having
primary management or supervisory
responsibilities within a business entity
(e.g., general manager; plant manager;
head of a division or business segment;
and similar positions).
(End of provision)
(3) With the exception of the
Contractor, only Government personnel
and authorized users performing
business on behalf of the Government
will be able to view the Contractor’s
record in the system. Public requests for
system information will be handled
under Freedom of Information Act
procedures, including, where
appropriate, procedures promulgated
under E.O. 12600.
(End of clause)
52.209–8 Updates of Information
Regarding Responsibility Matters.
[FR Doc. 2010–6329 Filed 3–22–10; 8:45 am]
As prescribed at 9.104–7(c), insert the
following clause:
UPDATES OF INFORMATION
REGARDING RESPONSIBILITY
MATTERS (Apr 2010)
(a) The Contractor shall update the
information in the Federal Awardee
Performance and Integrity Information
System (FAPIIS) on a semi-annual basis,
throughout the life of the contract, by
entering the required information in the
Central Contractor Registration database
at https://www.ccr.gov (see 52.204–7).
(b)(1) The Contractor will receive
notification when the Government posts
new information to the Contractor’s
record.
(2) The Contractor will have an
opportunity to post comments regarding
information that has been posted by the
Government. The comments will be
retained as long as the associated
information is retained, i.e., for a total
period of 6 years. Contractor comments
will remain a part of the record unless
the Contractor revises them.
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52.212–5
[Amended]
16. Amend section 52.212–5 by—
a. Removing from the clause heading
‘‘(Feb 2010)’’ and adding ‘‘(Apr 2010)’’ in
its place;
■ b. Removing from paragraphs (b)(2)
and (e)(1)(i) ‘‘(Dec 2008)’’ and adding
‘‘(Apr 2010)’’ in its place;
■ c. Removing from Alternate II ‘‘(Dec
2009)’’ and adding ‘‘(Apr 2010)’’ in its
place; and
■ d. Removing from Alternate II
paragraph (e)(1)(ii)(A) ‘‘(Dec 2008)’’ and
adding ‘‘(Apr 2010)’’ in its place.
■
■
52.213–4
[Amended]
17. Amend section 52.213–4 by
removing from the clause heading and
paragraph (a)(2)(vi) ‘‘(Dec 2009)’’ and
adding ‘‘(Apr 2010)’’ in its place.
■
52.244–6
[Amended]
18. Amend section 52.244–6 by
removing from the clause heading ‘‘(Dec
2009)’’ and adding ‘‘(Apr 2010)’’ in its
place; and removing from paragraph
(c)(1)(i) ‘‘(Dec 2008)’’ and adding ‘‘(Apr
2010)’’ in its place.
■
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010–0077, Sequence 2]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–40;
Small Entity Compliance Guide
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
SUMMARY: This document is issued
under the joint authority of the
Secretary of Defense, the Administrator
of General Services and the
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23MRR2
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Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Rules and Regulations
Administrator of the National
Aeronautics and Space Administration.
This Small Entity Compliance Guide has
been prepared in accordance with
section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996. It consists of the summary of the
rule appearing in Federal Acquisition
Circular (FAC) 2005–40 which amends
the Federal Acquisition Regulation
(FAR). Interested parties may obtain
further information regarding this rule
by referring to FAC 2005–40 which
precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
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
Federal Awardee Performance and Integrity Information System (FAPIIS) ...
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:
SUPPLEMENTARY INFORMATION:
jlentini on DSKJ8SOYB1PROD with RULES2
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
VerDate Nov<24>2008
17:39 Mar 22, 2010
Jkt 220001
2008–027
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
PO 00000
Frm 00012
Fmt 4701
Analyst
Sfmt 9990
Gary.
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 https://
www.ccr.gov.
Dated: March 18, 2010.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 2010–6331 Filed 3–22–10; 8:45 am]
BILLING CODE 6820–EP–S
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]]>Agencies
[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Rules and Regulations]
[Pages 14067-14068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6331]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010-0077, Sequence 2]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-40; Small Entity Compliance Guide
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
-----------------------------------------------------------------------
SUMMARY: This document is issued under the joint authority of the
Secretary of Defense, the Administrator of General Services and the
[[Page 14068]]
Administrator of the National Aeronautics and Space Administration.
This Small Entity Compliance Guide has been prepared in accordance with
section 212 of the Small Business Regulatory Enforcement Fairness Act
of 1996. It consists of the summary of the rule appearing in Federal
Acquisition Circular (FAC) 2005-40 which amends the Federal Acquisition
Regulation (FAR). Interested parties may obtain further information
regarding this rule by referring to FAC 2005-40 which precedes this
document. These documents are also available via the Internet at https://www.regulations.gov.
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 https://www.ccr.gov.
Dated: March 18, 2010.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 2010-6331 Filed 3-22-10; 8:45 am]
BILLING CODE 6820-EP-S
