New law puts contractor performance in the public spotlight

The 2010 Supplemental Appropriations Act gives the public access to a government database filled with information on the performance of contractors.

A  new supplemental appropriations law has given the public access to the most comprehensive contractor database, rekindling the debate about limits to transparency in government.

The Supplemental Appropriations Act for fiscal 2010, which President Barack Obama signed  into law July 29, allows the public to access the Federal Awardee Performance and Integrity Information System (FAPIIS) on the Web.  Agencies can block only contractors’ past performance reviews.


RELATED ITEMS

Officials mark rules for major contractor database

New contractor database draws fire

Transparency initiatives teeter off balance


“Today, with our national debt approaching $12 trillion, we hand out over $500 billion a year to federal contractors, many of which have a well-established history of systemic, illegal, and fraudulent behavior,” Sen. Bernie Sanders (I-Vt.) said today. Sanders had the provision added to the appropriations bill in May. "We cannot let these corporations continue to rip off American taxpayers," he said.

The FAPIIS database contains specific information on the federal contractors and grantees’ reliability and history of work with the government. It stores data from numerous existing federal databases and information from agencies. FAPIIS is intended to increase the amount of information available to government contracting officers as they evaluate contractors competing for their contracts.

The database is available for use in award decisions at www.ppirs.gov.

The new law amends the Clean Contracting Act, which gave access to FAPIIS only to chairmen and ranking members of congressional committees. Several members of Congress proposed opening the database at least to all lawmakers. But the supplemental bill goes further.

The Project on Government Oversight is pleased with the new law.

“There was never any valid reason to keep this database from the public in the first place,” Scott Amey, POGO’s general counsel, said in a statement on Aug. 4. He also urged the General Services Administration, which is in charge of the database, to waste no time opening it to the public.

As POGO sees it, the law will open up an immense cache of valuable data regarding histories of contractors’ work, including civil, criminal and administrative proceedings, POGO wrote in its statement about the law. POGO and 14 other organizations urged Congress to pass this provision in June.

Sanders said today he expects the law's effects will pressure government and industry to spend tax money wisely.

“I strongly expect that this new public awareness will put an end to handing out taxpayer-financed contracts to corporations with a history of fraud,” he said.

On the other hand, one industry group feared the public would rush to judgment on a company if someone misinterprets FAPIIS' information.

In addition, as federal officials drafted regulations about FAPIIS, concerns were raised about getting the most recent information into the database quickly and accurately. Several commenters cited recent government audits that have revealed inaccurate, untimely or even missing data associated with several existing databases that contracting officials are required to consult, according to a Federal Register notice from March.

“Information taken even partially out of context by those not familiar with government procurement rules could do substantial damage to a company’s reputation and/or stock price,” said Larry Allen, president of Coalition for Government Procurement.

He said there comes a point when transparency goes too far and does little else useful. He said the Defense Department, for instance, classifies sensitive military information.

“Transparency is not an end unto itself. Think about it. It is not always appropriate for everyone to see everything all the time,” Allen said. “This is just plain voyeuristic and adds little, if anything, to the integrity of the contracting process.”

With those concerns, “I don’t think anyone envisioned [FAPIIS] as a weapon for corporate espionage,” Allen said.

The Professional Services Council also said an open FAPIIS could hurt the objective procurement process.

“While firms are accountable for their past performance, opening portions of the database that are not now already publicly available elsewhere could risk improperly influencing the evaluation and selection of otherwise qualified bidders because of public pressure to ‘blacklist’ certain vendors,” said PSC Executive Vice President and Counsel Alan Chvotkin.

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.