Federal Acquisition Regulation; Federal Acquisition Circular 2005-44; Introduction, 39414 [2010-16693]

Download as PDF 39414 Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Rules and Regulations and National Aeronautics and Space Administration (NASA). ACTION: Summary presentation of an interim rule. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR–2010–0076, Sequence 6] Federal Acquisition Regulation; Federal Acquisition Circular 2005–44; Introduction AGENCY: Department of Defense (DoD), General Services Administration (GSA), SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005–44. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http:// regulations.gov/. DATES: For effective date, see separate document, which follows. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact the analyst whose name appears in the table below in relation to the FAR case or subject area. Please cite FAC 2005–44 and the FAR case number. Interested parties may also visit our Web site at http://acquisition.gov/far. For information pertaining to status or publication schedules, contact the 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: srobinson on DSKHWCL6B1PROD with RULES3 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, website 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 VerDate Mar<15>2010 17:15 Jul 07, 2010 Jkt 220001 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 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. Federal Acquisition Circular Federal Acquisition Circular (FAC) 2005–44 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005–44 is effective July 8, 2010. PO 00000 Dated: July 2, 2010. Linda W. Nielson, Deputy Director, Defense Procurement and Acquisition Policy (Defense Acquisition Regulations System). Dated: June 30, 2010. Edward Loeb, Acting Deputy Associate Administrator for Acquisition Policy, Office of Acquisition Policy, U.S. General Services Administration. Dated: June 29, 2010. William P. McNally, Assistant Administrator for Procurement, National Aeronautics and Space Administration. [FR Doc. 2010–16693 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 Parts 4, 12, 42, and 52 [FAC 2005–44; FAR Case 2008–039; Docket 2010–0093, Sequence 1] RIN 9000–AL66 Federal Acquisition Regulation; FAR Case 2008–039, Reporting Executive Compensation and First-Tier Subcontract Awards AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\08JYR3.SGM 08JYR3

Agencies

[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Rules and Regulations]
[Page 39414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16693]



[[Page 39413]]

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Part V





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Chapter 1



Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Rules 
and Regulations

[[Page 39414]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR-2010-0076, Sequence 6]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-44; Introduction

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

ACTION: Summary presentation of an interim rule.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the 
Defense Acquisition Regulations Council in this Federal Acquisition 
Circular (FAC) 2005-44. A companion document, the Small Entity 
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, 
is available via the Internet at http://regulations.gov/.

DATES: For effective date, see separate document, which follows.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below in relation to the 
FAR case or subject area. Please cite FAC 2005-44 and the FAR case 
number. Interested parties may also visit our Web site at http://acquisition.gov/far. For information pertaining to status or 
publication schedules, contact the 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, website 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.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-44 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-44 is 
effective July 8, 2010.

    Dated: July 2, 2010.
Linda W. Nielson,
Deputy Director, Defense Procurement and Acquisition Policy (Defense 
Acquisition Regulations System).
    Dated: June 30, 2010.
Edward Loeb,
Acting Deputy Associate Administrator for Acquisition Policy, Office of 
Acquisition Policy, U.S. General Services Administration.
    Dated: June 29, 2010.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
Administration.
[FR Doc. 2010-16693 Filed 7-7-10; 8:45 am]
BILLING CODE 6820-EP-P