Contractor Accountability – Interim Rule Implements Requirement That Certain FAPIIS Information Be Public

Government Contracts Group counsel Peter J. Eyre is featured in BNA’s Federal Contracts Report for his comments on the interim rule that will make most information posted on the Federal Awardee Performance and Integrity Information System (FAPIIS), with the exception of contractors’ past performance reviews, available to the public as of April 15, 2011.  The rule is intended to notify contractors that, consistent with a provision in the fiscal year 2010 supplemental appropriations law, most information posted on FAIPIIS will be publicly available as of April 15.

According to Eyre, “It is too soon to determine exactly how publicizing FAPIIS data will affect contractors.”  He continues by calling for a “ ‘balancing act’ between providing taxpayers with relevant information about contractors and ‘scaring companies out of the government marketplace’ by disclosing too much about civil and criminal proceedings, terminations for default, suspensions, debarments, and other sensitive issues."