Federal Acquisition Regulation; Federal Acquisition Circular 2005-44; Small Entity Compliance Guide, 39420-39421 [2010-16684]

Download as PDF srobinson on DSKHWCL6B1PROD with RULES3 39420 Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Rules and Regulations Contractor shall report the following information at http://www.fsrs.gov for each first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company. (ii) Name of the subcontractor. (iii) Amount of the subcontract award. (iv) Date of the subcontract award. (v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (vi) Subcontract number (the subcontract number assigned by the Contractor). (vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district. (viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district. (ix) The prime contract number, and order number if applicable. (x) Awarding agency name and code. (xi) Funding agency name and code. (xii) Government contracting office code. (xiii) Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classification System code (NAICS). (2) By the end of the month following the month of a contract award, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for the Contractor’s preceding completed fiscal year at http://www.ccr.gov, if— (i) In the Contractor’s preceding fiscal year, the Contractor received— (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/ execomp.htm.) (3) Unless otherwise directed by the contracting officer, by the end of the month following the month of a first-tier subcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for each first-tier subcontractor for the subcontractor’s preceding completed fiscal year at http://www.fsrs.gov, if— (i) In the subcontractor’s preceding fiscal year, the subcontractor received— VerDate Mar<15>2010 17:15 Jul 07, 2010 Jkt 220001 (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/ execomp.htm.) (d)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards. (2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards to that subcontractor. (e) Phase-in of reporting of subcontracts of $25,000 or more. (1) Until September 30, 2010, any newly awarded subcontract must be reported if the prime contract award amount was $20,000,000 or more. (2) From October 1, 2010, until February 28, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $550,000 or more. (3) Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $25,000 or more. (End of clause) ■ 6. Amend section 52.212–5 by— ■ a. Revising the date of the clause; ■ b. Redesignating paragraphs (b)(4) through (b)(42) as (b)(5) through (b)(43), respectively; and adding a new paragraph (b)(4); The revised and added text reads as follows: 52.212–5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. * * * * * Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JUL 2010) * * * * * (b) * * * —(4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109–282) (31 U.S.C. 6101 note). * * * * * 7. Amend section 52.213–4 by— a. Revising the date of the clause; b. Redesignating paragraphs (a)(2)(i) through (a)(2)(vii) as (a)(2)(ii) through ■ ■ ■ PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 (a)(2)(viii), respectively; and adding a new paragraph (a)(2)(i); The revised text reads as follows: 52.213–4 Terms and Conditions— Simplified Acquisitions (Other Than Commercial Items). * * * * * Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (JUL 2010) (a) * * * (2) * * * (i) 52.204–10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109–282) (31 U.S.C. 6101 note). * * * * * [FR Doc. 2010–16691 Filed 7–7–10; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2010–0077, Sequence 6] Federal Acquisition Regulation; Federal Acquisition Circular 2005–44; Small Entity Compliance Guide AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. SUMMARY: This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of the summary of the rule appearing in Federal Acquisition Circular (FAC) 2005–44 which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding this rule by referring to FAC 2005–44 which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the table below. Please cite FAC 2005–44 and the specific FAR case number. For information pertaining to status or publication schedules, contact the E:\FR\FM\08JYR3.SGM 08JYR3 39421 Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Rules and Regulations Regulatory Secretariat at (202) 501– 4755. RULE LISTED IN FAC 2005–44 Subject FAR case Analyst Reporting Executive Compensation and First-Tier Subcontract Awards ................................................................ 2008–039 Woodson A summary for the FAR rule follows. For the actual revisions and/or amendments to this FAR case, refer to FAR case 2008–039. FAC 2005–44 amends the FAR as specified below: SUPPLEMENTARY INFORMATION: Reporting Executive Compensation and First-Tier Subcontract Awards (FAR Case 2008–039) srobinson on DSKHWCL6B1PROD with RULES3 This interim rule amends the Federal Acquisition Regulation to implement section 2 of Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109–282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110–252), which requires the Office of Management and Budget (OMB) to establish a free, public, Web site containing full disclosure of all Federal contract award information. This rule VerDate Mar<15>2010 17:15 Jul 07, 2010 Jkt 220001 will require contractors to report executive compensation and first-tier subcontract awards on contracts and orders expected to be $25,000 or more (including all options), except classified contracts and contracts with individuals. This information will be available to the public. To minimize the burden implementing the Transparency Act will impose on both Federal agencies and contractors, the Councils intend to implement the reporting requirements in a phased approach: 1. Until September 30, 2010, any newly awarded subcontract must be reported if the prime contract award amount was $20,000,000 or more. 2. From October 1, 2010, until February 28, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $550,000 or more. PO 00000 Frm 00009 Fmt 4701 Sfmt 9990 3. Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $25,000 or more. The rule is applicable to all solicitations and contracts with a value of $25,000 or more. The clause is required in commercial item contracts, including commercially available offthe-shelf (COTS) item contracts, as well as actions under the simplified acquisition threshold, meeting the $25,000 threshold. The clause is not required in classified solicitations and contracts, and contracts with individuals. Dated: July 2, 2010. Edward Loeb, Director, Acquisition Policy Division. [FR Doc. 2010–16684 Filed 7–7–10; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\08JYR3.SGM 08JYR3

Agencies

[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Rules and Regulations]
[Pages 39420-39421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16684]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2010-0077, Sequence 6]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-44; Small Entity Compliance Guide

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Small Entity Compliance Guide.

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SUMMARY: This document is issued under the joint authority of the 
Secretary of Defense, the Administrator of General Services and the 
Administrator of the National Aeronautics and Space Administration. 
This Small Entity Compliance Guide has been prepared in accordance with 
section 212 of the Small Business Regulatory Enforcement Fairness Act 
of 1996. It consists of the summary of the rule appearing in Federal 
Acquisition Circular (FAC) 2005-44 which amends the Federal Acquisition 
Regulation (FAR). Interested parties may obtain further information 
regarding this rule by referring to FAC 2005-44 which precedes this 
document. These documents are also available via the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below. Please cite FAC 2005-44 and the specific FAR case number. 
For information pertaining to status or publication schedules, contact 
the

[[Page 39421]]

Regulatory Secretariat at (202) 501-4755.

                       Rule Listed in FAC 2005-44
------------------------------------------------------------------------
                Subject                     FAR case         Analyst
------------------------------------------------------------------------
Reporting Executive Compensation and          2008-039          Woodson
 First-Tier Subcontract Awards........
------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the 
actual revisions and/or amendments to this FAR case, refer to FAR case 
2008-039.
    FAC 2005-44 amends the FAR as specified below:

Reporting Executive Compensation and First-Tier Subcontract Awards (FAR 
Case 2008-039)

    This interim rule amends the Federal Acquisition Regulation to 
implement section 2 of Federal Funding Accountability and Transparency 
Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the 
Government Funding Transparency Act of 2008 (Pub. L. 110-252), which 
requires the Office of Management and Budget (OMB) to establish a free, 
public, Web site containing full disclosure of all Federal contract 
award information. This rule will require contractors to report 
executive compensation and first-tier subcontract awards on contracts 
and orders expected to be $25,000 or more (including all options), 
except classified contracts and contracts with individuals. This 
information will be available to the public. To minimize the burden 
implementing the Transparency Act will impose on both Federal agencies 
and contractors, the Councils intend to implement the reporting 
requirements in a phased approach:
    1. Until September 30, 2010, any newly awarded subcontract must be 
reported if the prime contract award amount was $20,000,000 or more.
    2. From October 1, 2010, until February 28, 2011, any newly awarded 
subcontract must be reported if the prime contract award amount was 
$550,000 or more.
    3. Starting March 1, 2011, any newly awarded subcontract must be 
reported if the prime contract award amount was $25,000 or more.
    The rule is applicable to all solicitations and contracts with a 
value of $25,000 or more. The clause is required in commercial item 
contracts, including commercially available off-the-shelf (COTS) item 
contracts, as well as actions under the simplified acquisition 
threshold, meeting the $25,000 threshold. The clause is not required in 
classified solicitations and contracts, and contracts with individuals.

    Dated: July 2, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010-16684 Filed 7-7-10; 8:45 am]
BILLING CODE 6820-EP-P