Past Performance Information Retrieval System: Proposed Regulation Released September 2, 2009

A proposed regulation to require additional contractor information to be stored in the Past Performance Information Retrieval System (PPIRS) was released earlier this week at 74 Fed. Reg. 45,394 (Sept. 2, 2009). This proposed rule expands on the recent final rule requiring past performance evaluations to be made electronically available for government agency use in source selection at the website 74 Fed. Reg. 31,557 (July 1, 2009). Both the July 1 rule and the new proposed rule attempt to pursue the goals set out in the President’s March 4, 2009, Memorandum on Government Contracting, which directs agencies to minimize risks and maximize the value of government contracts.

This proposed rule would require agencies to include in the PPIRS information related to termination for cause, as well as information related to a determination that a contractor submitted defective cost or pricing data. Such information would be used by agencies making future sourcing decisions. This rule would not impose any new requirements on contractors, but would make it more important than ever for contractors to ensure that they are in compliance with regulations and contract provisions.

If you have any questions regarding how this rule will affect your business, contact the Government Contract attorneys at Eckland & Blando.