Effective immediately, contracting officers in all departments and agencies shall use the clause at attachment 1 in lieu of FAR clause 52.209-8, Updates Regarding Responsibility Matters (APR 2010). The new clause shall be used in DoD solicitations where the resultant contract value is expected to exceed $500,000 and in resultant contracts in which the offeror has indicated that it has current active Federal contracts and grants with total value greater than $10,000,000 .

I have approved this class deviation in order to transition to public availability of information in FAPIIS, as required by section 3010 of Public Law 111-212. The clause at attachment 1 deviates from the FAR clause 52.209-8 as follows:

• Removes the assurance that, with the exception of the contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view a contractor's record in FAPIIS.
• Notifies the contractor that-
  • All information posted in FAPIIS after April 15, 2011, except past performance reviews, will be available to the public.
  • Requests for information that was posted prior to April 15, 2011, will still be handled under Freedom of Information Act
• Requires the contractor, at the first semi-annual update after April 15, 2011, to post again any required information that the contractor posted in FAPIIS prior to April 15, 2011, so that it will be available to the public.

This class deviation remains in effect until incorporated into the FAR or otherwise rescinded.