FAR 52.209-9—Updates of Publicly Available Information Regarding Responsibility Matters.
Plain-English Summary
FAR 52.209-9 tells contractors how to keep responsibility-related information current in the Federal Awardee Performance and Integrity Information System (FAPIIS) and explains what parts of that information are public versus non-public. It covers the contractor’s semi-annual update duty during the life of the contract, the relationship between FAPIIS and the System for Award Management (SAM), and the statutory rule that most FAPIIS information posted on or after April 15, 2011 becomes publicly available after a 14-calendar-day waiting period. The clause also explains the two FAPIIS segments, the limited exceptions for past performance reviews, pre-April 15, 2011 data, and information withdrawn during the waiting period, and the contractor’s right to receive notice when the Government posts new information. It further provides a short window for the contractor to assert that posted information is exempt from disclosure under FOIA, requires the Government official to remove and resolve such information before reposting releasable content, and allows the contractor to submit comments that remain part of the record for six years unless revised. Finally, it addresses how public requests for pre-April 15, 2011 information are handled under FOIA and E.O. 12600 procedures. In practice, this clause matters because FAPIIS can affect responsibility determinations, award decisions, and public perception, so contractors need to monitor their records closely and respond quickly to inaccurate or sensitive postings.
Key Rules
Semiannual contractor updates
The contractor must update FAPIIS information on a semi-annual basis for the entire life of the contract. The updates are made through SAM, which is the portal used to post the required information.
Most FAPIIS data becomes public
Information posted in FAPIIS on or after April 15, 2011 is generally publicly available after a 14-calendar-day waiting period. This reflects the statutory transparency requirement in Pub. L. 111-212.
Two FAPIIS segments exist
FAPIIS has a non-public segment for Government officials and the contractor, and a public segment that automatically receives data after the waiting period. The public segment excludes past performance reviews, pre-April 15, 2011 information, and information withdrawn during the waiting period.
Contractor notice and response rights
The contractor must be notified when the Government posts new information to its record. If the contractor believes the posting is covered by a FOIA exemption, it must assert that in writing within 7 calendar days to the posting official and cite 52.209-9.
Government must remove exempt material
If the contractor timely claims a FOIA exemption, the Government official who posted the information must remove it within 7 calendar days and resolve the issue under agency FOIA procedures before reposting releasable information.
Contractor comments become part of the record
The contractor may post comments on Government-posted information. Those comments stay with the associated record for six years, unless the contractor revises them, so they can influence how the information is viewed over time.
Older records follow FOIA procedures
Public requests for information posted before April 15, 2011 are handled under FOIA procedures, including E.O. 12600 procedures where applicable. This means older records are not automatically treated the same as newer public FAPIIS data.
Responsibilities
Contractor
Update required FAPIIS information semi-annually through SAM for the life of the contract; monitor notifications of Government-posted information; timely assert in writing any FOIA exemption claim within 7 calendar days and cite 52.209-9; submit comments if desired; and revise comments when necessary, understanding they remain part of the record for six years unless revised.
Government official who posted the information
Notify the contractor when new information is posted; if the contractor timely claims a FOIA exemption, remove the posting within 7 calendar days and resolve the matter under agency FOIA procedures before reposting releasable information.
Government personnel and authorized users
Access and use the non-public FAPIIS segment only for official Government business or authorized support functions, and rely on the system for responsibility-related information when making acquisition decisions.
Agency FOIA officials
Process disputes over whether posted information is exempt from disclosure and handle public requests for pre-April 15, 2011 information under FOIA and applicable E.O. 12600 procedures.
System for Award Management (SAM)/FAPIIS system
Provide the platform for contractor updates, maintain the non-public and public segments, and automatically transfer eligible non-public data to the public segment after the 14-day waiting period.
Practical Implications
Contractors should treat FAPIIS as a live compliance record, not a one-time certification, because the semi-annual update duty continues throughout contract performance.
The 7-calendar-day window to challenge a posting is short, so contractors need a process to review FAPIIS notifications immediately and escalate potentially exempt or inaccurate information fast.
Because most post-April 15, 2011 entries become public automatically, contractors should assume that adverse responsibility information may be visible outside the Government unless timely withdrawn or corrected.
Contractor comments can help provide context, but they do not erase the underlying record and remain attached for six years unless revised, so comments should be accurate, concise, and carefully drafted.
A common pitfall is confusing the public and non-public segments or assuming that all information is confidential; contractors should understand that many responsibility-related entries are ultimately public and may affect future source selections and responsibility determinations.
Official Regulatory Text
As prescribed at 9.104-7 (c) , insert the following clause: Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov . (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments- (1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by- (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for- (i) Past performance reviews required by subpart 42.15 ; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor’s record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e. , for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (End of clause)