Telephone Answered 24 Hours A Day Off-Site/Evening & Weekend Appointments Available Please Call Attorney Bill Last
Local:
650-425-7679
Toll Free:
866-904-4725

Federal Public Works Contractors Will Now Be Vetted Through A Central "Responsibility" Database, and Must Meet New Self-Reporting Requirements

As of April 22, 2010 new rules require contracting officers to investigate bidders for "responsibility" using a central government database, entitled the Federal Awardee Performance and Integrity Information System ("FAPIIS"). All contractors awarded Federal public works projects must be deemed "responsible" in addition to being the low responsive bidder. "Responsibility" determinations have previously been made using an ad hoc list of sources, including licensing information, lists of excluded contractors, and information requested by the contracting officer. Now the FAPIIS must also be consulted.

The FAPIIS will include a comprehensive data set, including contracting officers' non-responsibility determinations, default and for cause contract terminations, defective pricing determinations, suspension and debarment administrative agreements, and contractor self-reported criminal convictions, civil liabilities, and adverse administrative actions arising from the award or performance of a government contract.

Contractors will be notified when information concerning them is posted in FAPIIS, and will have the opportunity to post comments. Finally, the rule states that 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.

It is likely that this new rule will create more scrutiny on bidders relative to responsibility.

To facilitate FAPIIS, contractors are now required to provide additional information to contracting agencies concerning criminal convictions, negative civil and administrative determinations of fault or liability, and some civil settlements in which fault is acknowledged.

The reporting requirements will be mandatory in project solicitations where the contract's value is expected to exceed $500,000. If the contractor has at least $10 million in current active Federal contracts or grants, the contractor must represent that the information available in FAPIIS is current, accurate, and complete regarding any enumerated adverse dispositions, whether at the federal or state level, taken against the contractor or its principals related to the award or performance of a federal contract or grant in the last five years.

No Comments

Leave a comment
Comment Information

Our Awards and Professional Legal Associations

  • Rated by Super Lawyers - William C. Last, Jr. - Visit superlawyers.com
  • Avvo Rating - 9.3 Superb - Top Attorney Construction
  • AV Peer Review Rated
  • The State Bar of California
  • San Matco County Bar Association - SMCBA
  • LACBA - Los Angeles County Bar Association
  • American Bar Association Forum on the Construction Industry
  • Bay Area Chapter - SMACNA
  • The Associated General Contractors of America
  • American Subcontractors Association
  • Peninsula Builders Exchange
Email Us For A Response

Contact our attorneys now

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Last & Faoro
520 South El Camino Real, Suite 430
San Mateo, CA 94402

Toll Free: 866-904-4725
Phone: 650-425-7679
Fax: 650-696-8365
Map & Directions

Map