Federal Acquisition Regulation; Federal Acquisition Circular 2005-44; Small Entity Compliance Guide, 39420-39421 [2010-16684]
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Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Rules and Regulations
Contractor shall report the following
information at https://www.fsrs.gov for each
first-tier subcontract. (The Contractor shall
follow the instructions at https://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 https://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 https://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 https://www.fsrs.gov, if—
(i) In the subcontractor’s preceding fiscal
year, the subcontractor received—
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17:15 Jul 07, 2010
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(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 https://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
■
■
■
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(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 https://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
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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
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17:15 Jul 07, 2010
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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
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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]
-----------------------------------------------------------------------
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 https://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
