1.  Narrow definition of "past performance review".

Comment: One respondent noted that Congress did not define "past performance review" and requested that the Councils define the term very narrowly, in a way that allows all "past performance information" to be made public, except that which proposes a legitimate threat to commercial proprietary or personal privacy interests.

The respondent stated that the Government releases a broad array of past performance information in bid protest decisions, and should do the same with FAPIIS, because this will strengthen efforts to exclude non-responsible contractors.

Response: This FAR case uses the definition of "past performance" in FAR part 2 and the discussion of contractor performance information in FAR subpart 42.15, including "past performance evaluations" and "past performance reports" that are entered into the Past Performance Information Retrieval System (PPIRS) as a result of past performance evaluations. This coverage of past performance was in the FAR when Congress passed Public Law 111-212 and section 3010 specifically excludes "past performance reviews."

The FAR Council published a proposed rule, FAR Case 2009-042, Documenting Contractor Performance, in the Federal Register at 76 FR 37704 on June 28, 2011, with public comments due on September 29, 2011, that clarified "past performance information"--see http://edocket.access.gpo.gov/2011/pdf/2011-16169.pdf. The language in FAR Case 2009-042 has been updated to reference the part of FAR subpart 42.15 related to "past performance."

The Councils also note that the Government Accountability Office allows a party to request redaction of "past performance information" prior to the release of a bid protest decision.