Updates of Publicly Available Information Regarding Responsibility Matters
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becomes publicly available after a 14-day waiting period, except for past performance reviews and certain exempted or withdrawn information.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posted after April 15, 2011, becomes public after 14 days, except for past performance reviews and certain exempt or withdrawn information.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.