52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
Source: FAR 52.209-9 on acquisition.gov
Contractors must update their FAPIIS records semi-annually and promptly manage public disclosures and challenges to ensure compliance and protect sensitive information.
Overview
FAR 52.209-9 requires contractors to regularly update their responsibility-related information in the Federal Awardee Performance and Integrity Information System (FAPIIS) via the System for Award Management (SAM). Contractors must post updates semi-annually throughout the contract's life. Most information posted after April 15, 2011, becomes publicly available after a 14-day waiting period, except for past performance reviews and certain exempted or withdrawn information. Contractors are notified when new information is posted and have the right to challenge the public release of information they believe is exempt under the Freedom of Information Act (FOIA). They must act within 7 calendar days to request removal and resolution. Contractors can also post comments on their records, which are retained for six years. Requests for information posted before April 15, 2011, are handled under FOIA procedures.
Key Rules
- Semi-Annual Updates to FAPIIS
- Contractors must update FAPIIS information every six months via SAM for the duration of the contract.
- Public Availability of Information
- Most FAPIIS data posted after April 15, 2011, becomes public after 14 days, except for past performance reviews and certain exempt or withdrawn information.
- Notification and Challenge Process
- Contractors are notified of new postings and can request removal of information they believe is FOIA-exempt within 7 days.
- Contractor Comments
- Contractors may post comments on FAPIIS entries, which are retained for six years unless revised.
- FOIA Handling for Older Data
- Information posted before April 15, 2011, is subject to FOIA procedures for public requests.
Responsibilities
- Contracting Officers: Ensure the clause is included in applicable contracts and oversee compliance.
- Contractors: Update FAPIIS semi-annually, monitor postings, respond to notifications, and manage comments and FOIA challenges as needed.
- Agencies: Handle FOIA requests and resolve exemption claims per agency procedures.
Practical Implications
- This clause promotes transparency and accountability by making contractor responsibility information publicly accessible.
- Contractors must be diligent in updating and monitoring their FAPIIS records to avoid compliance issues or public disclosure of sensitive information.
- Failure to act within specified timeframes can result in unwanted public disclosure or loss of opportunity to comment or challenge information.
As prescribed at 9.104-7(c), insert the following clause:
Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)
(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 posting the required information in the System for Award Management via https://www.sam.gov" target="_blank">https://www.sam.gov.
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-
(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-
(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-
(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also 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.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
(End of clause)