Federal contractor past performance information—traditionally made available only to federal acquisition professionals for use in making award and responsibility determinations—will soon be made available to the general public at the Federal Awardee Performance and Integrity Information System ("FAPIIS") website.

The publicly available information will include contractor suspension and debarment information, government-imposed penalty information, contract terminations, and contractor criminal and civil court proceedings.  There is one exception: contractor performance reviews will not be made public.

The change is part of the 2010 Supplemental Appropriations Act, which President Obama signed into law on July 29, 2010.

Industry groups, such as the Professional Services Council, are concerned that the information will be misinterpreted and misused by users unfamiliar with government contracting, including members of Congress, reporters and public interest groups.

More than ever, a federal contractor needs to challenge (assuming a viable basis for doing so) any suspension or debarment actions brought against it and consistently monitor its FAPIIS information to ensure accuracy.

Government officials still must approve regulations to make the FAPIIS database available to the public.  According to the General Services Administration, regulators do not yet know when an interim rule will be issued.