9.104-6 Federal Awardee Performance and

Integrity Information System.

(a)

(1) Before awarding a contract in excess of the simplified acquisition threshold, the contracting

officer shall review the performance and integrity information available in the Federal Awardee

Performance and Integrity Information System (FAPIIS), (available at https://www.cpars.gov),

including FAPIIS information from the System for Award Management (SAM) Exclusions and the

Contractor Performance Assessment Reporting System (CPARS).

(2) In accordance with 41 U.S.C. 2313(d)(3), FAPIIS also identifies–

(i) An affiliate that is an immediate owner or subsidiary of the offeror, if any (see 52.204-17,

Ownership or Control of Offeror); and

(ii) All predecessors of the offeror that held a Federal contract or grant within the last three years

(see 52.204-20, Predecessor of Offeror).

(b)

(1) When making a responsibility determination, the contracting officer shall consider all the

information available through FAPIIS with regard to the offeror and any immediate owner,

predecessor, or subsidiary identified for that offeror in FAPIIS, as well as other past performance

information on the offeror (see subpart 42.15).

(2) For evaluation of information available through FAPIIS relating to an affiliate of the offeror, see

9.104-3(c).

(3) For source selection evaluations of past performance, see 15.305(a)(2). Contracting officers shall

use sound judgment in determining the weight and relevance of the information contained in FAPIIS

and how it relates to the present acquisition.

(4) Since FAPIIS may contain information on any of the offeror's previous contracts and information

covering a five-year period, some of that information may not be relevant to a determination of

present responsibility, e.g., a prior administrative action such as debarment or suspension that has

expired or otherwise been resolved, or information relating to contracts for completely different

products or services..

(5) Because FAPIIS is a database that provides information about prime contractors, the contracting

officer posts information required to be posted about a subcontractor, such as trafficking in persons

violations, to the record of the prime contractor (see 42.1503(h)(1)(v)). The prime contractor has the

opportunity to post in FAPIIS any mitigating factors. The contracting officer shall consider any

mitigating factors posted in FAPIIS by the prime contractor, such as degree of compliance by the

prime contractor with the terms of FAR clause 52.222-50.

(c) If the contracting officer obtains relevant information from FAPIIS regarding criminal, civil, or

administrative proceedings in connection with the award or performance of a Government contract;
terminations for default or cause; determinations of nonresponsibility because the contractor does

not have a satisfactory performance record or a satisfactory record of integrity and business ethics;

or comparable information relating to a grant, the contracting officer shall, unless the contractor has

already been debarred or suspended-

(1) Promptly request such additional information from the offeror as the offeror deems necessary in

order to demonstrate the offeror’s responsibility to the contracting officer (but see 9.405); and

(2) Notify, prior to proceeding with award, in accordance with agency procedures (see 9.406-3(a)

and 9.407-3(a)), the agency official responsible for initiating debarment or suspension action, if the

information appears appropriate for the official’s consideration.

(d) The contracting officer shall document the contract file for each contract in excess of the

simplified acquisition threshold to indicate how the information in FAPIIS was considered in any

responsibility determination, as well as the action that was taken as a result of the information. A

contracting officer who makes a nonresponsibility determination is required to document that

information in FAPIIS in accordance with 9.105-2(b)(2).

Parent topic: 9.104 Standards.