52.209-7
Information Regarding Responsibility Matters
Offerors with over $10 million in active Federal contracts or grants must accurately disclose recent responsibility matters in FAPIIS and certify this information as part of their offer.
Overview
FAR 52.209-7 requires offerors with current, active Federal contracts and grants totaling more than $10 million to disclose certain responsibility matters as part of their offer. This provision ensures that contracting officers have access to accurate, up-to-date information about an offeror’s integrity and business ethics, specifically regarding criminal, civil, or administrative proceedings related to Federal contracts or grants. Offerors must certify the accuracy of their disclosures in the Federal Awardee Performance and Integrity Information System (FAPIIS) and maintain this information through their System for Award Management (SAM) registration.
Key Rules
- Applicability
- Applies to offerors with active Federal contracts and grants exceeding $10 million in total value.
- Disclosure Requirement
- Offerors must disclose, via FAPIIS, any relevant criminal, civil, or administrative proceedings involving themselves or their principals within the last five years, if such proceedings resulted in specified adverse outcomes (e.g., convictions, fines, or settlements with acknowledgment of fault).
- Certification
- Offerors must certify that their FAPIIS entries are current, accurate, and complete at the time of offer submission.
- Ongoing Reporting
- Information must be posted and maintained in FAPIIS as part of the offeror’s active SAM registration.
Responsibilities
- Contracting Officers: Must ensure offerors comply with disclosure and certification requirements before award.
- Contractors/Offerors: Must accurately report and certify responsibility matters in FAPIIS and maintain active SAM registration.
- Agencies: Oversee compliance and use FAPIIS data in responsibility determinations.
Practical Implications
- This provision promotes transparency and helps agencies assess contractor integrity and business ethics.
- Failure to disclose or certify accurately can result in ineligibility for award or other penalties.
- Contractors must have robust internal processes to track and report relevant proceedings and maintain up-to-date FAPIIS records.