On May 28, 2015, the Obama Administration published the highly-anticipated Proposed Rule and Proposed Guidance implementing the “Fair Pay and Safe Workplaces” Executive Order, (E.O.) which President Obama issued on July 31, 2014. The proposed rule adds a new subpart to the Federal Acquisition Regulations (FAR) – subpart 22.20 “Fair Pay and Safe Workplaces” – which “incorporate[s]” proposed guidance issued by the Department of Labor (DOL) titled “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces.’ ” (“Proposed Guidance”). These regulations will not take effect until the final rule and final guidance are issued, but the proposed rule and guidance trigger a 60-day period to comment on the proposed rule and guidance, and offer insight into the onerous compliance and reporting burdens that contractors and subcontractors will face under the Proposed Rule. Below is a summary of several key provisions.
Continue Reading Obama Administration Issues Proposed Rule and Guidance for Implementing “Fair Pay and Safe Workplaces”
FAPIIS
Contractors Can Review and Object to Public Release of Information in FAPIIS
On January 3, 2012, the FAR Council issued a final rule to implement a congressional mandate that the public have access to all information (excluding past performance reviews) in the Federal Awardee Performance and Integrity Information System ("FAPIIS"). FAPIIS was created in 2010 as a one-stop shop for contracting officers to review information about contractors’…
GSA Clarifies Status Of FAPIIS Under FOIA
On May 16, 2011, GSA published a Notice to clarify whether information contractors input into the Federal Awardee Performance and Integrity Information System (“FAPIIS”) is exempt from disclosure under the Freedom of Information Act (“FOIA”). Presumably this Notice was prompted by a recent flood of FOIA requests. In essence, the Notice provides that Information posted…
Public Access To FAPIIS
As we blogged previously, as of today – April 15, 2011 – the public has access to all information (excluding past performance reviews) in the Federal Awardee Performance and Integrity Information System (“FAPIIS”). FAPIIS was created in 2010 as a one-stop shop for contracting officers to review information about prospective contractors’ business ethics, integrity, …
Beware: Government to Release Private Contractor Information Contained In FAPIIS
On January 24, 2011, the FAR Council issued an interim rule to implement a congressional mandate that the public must have access to all information (excluding past performance reviews) in the Federal Awardee Performance and Integrity Information System ("FAPIIS"). FAPIIS was created in 2010 as a one-stop shop for contracting officers to review information about…
FAPIIS — The Government’s Collection Of Information Via CCR Is Causing Questions And Uncertainties
We have previously provided information about the final FAR Rule implementing the Federal Awardee Performance and Integrity Information System, known as FAPIIS. This Rule, which became effective on April 22, 2010, requires many government contractors to provide certified disclosures pertaining to certain administrative, civil, and criminal proceedings. The Government is collecting this information via a…
Join us for a webinar about new disclosure requirements
On Thursday, May 6, from 2:00 pm – 3:30 pm ET, please join Angela Styles, Shauna Alonge, Amy O’Sullivan and Peter Eyre from Crowell & Moring’s Government Contracts Group for an in-depth discussion of the final rule amending the FAR to implement the Federal Awardee Performance and Integrity Information System, known as FAPIIS.
As discussed…
FAPIIS — Significant New Disclosure Requirements (And Many Unanswered Questions)
Tomorrow – April 22, 2010 – is the effective date of the final FAR Rule (.pdf) implementing the Federal Awardee Performance and Integrity Information System, known as FAPIIS. If the expected value of a contract (or grant) exceeds $500,000, agencies must insert a new implementing clause (FAR 52.209-7) that requires certified disclosures from contractors pertaining to…