Notice2024-11437
Submission for OMB Review; FFATA Subaward and Executive Compensation Reporting Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 24, 2024
Issuing agencies
General Services Administration
Abstract
Under the provisions of the Paperwork Reduction Act of 1995, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve a renewal of the currently approved information collection requirement regarding FFATA Subaward and Executive Compensation Reporting Requirements.
Full Text
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<title>Federal Register, Volume 89 Issue 102 (Friday, May 24, 2024)</title>
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[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45893-45894]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11437]
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GENERAL SERVICES ADMINISTRATION
[OMB Control No. 3090-0292; Docket No. 2024-0001; Sequence No. 1]
Submission for OMB Review; FFATA Subaward and Executive
Compensation Reporting Requirements
AGENCY: Office of the Integrated Award Environment, General Services
Administration (GSA).
ACTION: Notice of request for comments regarding an extension to an
existing OMB information collection.
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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995,
the Regulatory Secretariat Division will be submitting to the Office of
Management and Budget (OMB) a request to review and approve a renewal
of the currently approved information collection requirement regarding
FFATA Subaward and Executive Compensation Reporting Requirements.
DATES: Submit comments on or before June 24, 2024.
ADDRESSES: Written comments and recommendations for this information
collection should be sent within 30 days of publication of this notice
to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Ms. Salomeh Ghorbani, Director, IAE
Outreach and Stakeholder Engagement Division, at 703-605-3467 or
<a href="/cdn-cgi/l/email-protection#d39a92968c92b7bebabd93b4a0b2fdb4bca5"><span class="__cf_email__" data-cfemail="054c44405a4461686c6b456276642b626a73">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Purpose
The Federal Funding Accountability and Transparency Act (Pub. L.
109-282, as amended by section 6202(a) of Pub. L. 110-252), known as
FFATA or the Transparency Act requires information disclosure of
entities receiving Federal financial assistance through Federal awards
such as Federal contracts, sub-contracts, grants and sub-grants, FFATA
2(a),(2),(i),(ii). Beginning October 1, 2010, the currently approved
Paperwork Reduction Act submission directed compliance with the
Transparency Act to report prime and first-tier subaward data.
Specifically, Federal agencies and prime awardees of grants were to
ensure disclosure of executive compensation of both prime and
subawardees and subaward data pursuant to the Transparency Act. This
information collection requires reporting of only the information
enumerated under the Transparency Act.
B. Annual Reporting Burden
Sub-award Responses: 536,394.
Hours per Response: 1.
Total Burden Hours: 536,394.
Executive Compensation Responses: 3,106.
Hours per Response: 1.
Total Burden Hours: 3,106.
Total Annual Burden Hours: 539,500.
C. Public Comments
A 60-day notice published in the Federal Register at 89 FR 11280 on
February 14, 2024. Two comments were received.
Comment: GSA received a comment about the burden on large federal
contractors that have large subcontractor supply chains. Another
comment noted the overall FFATA reporting burden beyond FSRS reporting
and estimated this overall effort for prime contractors.
GSA Response: This information collection is specific to recipients
of federal financial assistance, not contracts. The burden calculated
in this information collection is specific to FSRS reporting of
financial assistance and does not include burden already calculated
with the commensurate regulations issued for subaward reporting in 2
CFR part 170. The information collection is conducted in a manner in
FSRS to minimize overall burden on federal financial assistance
recipients while complying with The Federal Funding Accountability and
Transparency Act (FFATA), ``Transparency Act,''.
Comment: GSA received a comment that the information collection is
unnecessary and does not have practical utility since federal
contracting is very competitive and price transparency is already high.
GSA Response: This information collection is specific to recipients
of federal financial assistance, not contracts. Information collected
under this information collection is required to comply with The
Federal Funding Accountability and Transparency Act (FFATA),
``Transparency Act,'' requirements for subaward reporting.
Comment: GSA received a comment regarding the negative impacts that
FFATA places on the industrial base, discouraging commercial firm
participation in the federal marketplace. The commenter noted the
requirement that contractors reveal their supply chain, loss of
competitive advantage, and liability with properly reporting executive
compensation and subaward data with a potential False Claims Act
violation.
GSA Response: This information collection is specific to recipients
of federal financial assistance, not contracts. Information collected
under this information collection is required to comply with The
Federal Funding Accountability and Transparency Act (FFATA),
``Transparency Act,'' requirements for subaward and executive
compensation reporting.
Comment: GSA received a comment that clarification should be
provided on subaward reporting of modifications to an already reported
subcontract that exceeds the reporting threshold.
GSA Response: FSRS and the Federal Service Desk have significant
help materials and guides to assist users with reporting data into
<a href="http://FSRS.gov">FSRS.gov</a>. The Federal Service Desk has agents that can assist entities
where they are unable to answer their question within the help content.
Comment: GSA received two comments that FSRS should stop requiring
prime contractors to report subcontractor executive compensation when
that subcontractor has reported its executive compensation as a prime
contractor.
GSA Response: GSA acknowledges the comment that in some
circumstances the prime awardee could have a lower burden if the
executive compensation information is pre-populated in the subaward
report. However, if the executive compensation of the subawardee were
populated in FSRS, the prime awardee would remain responsible for
ensuring the correct executive compensation information for the
preceding fiscal year was reported. GSA appreciates the feedback on
usability and user experience and considers it when making updates to
the respective service or page so as to improve the site user
experience.
Comment: GSA received varying comments on improving FSRS website
functions such as improving print functionality, improving the
worklist, improving batch uploading, or auto populating some report
data through a single click.
GSA Response: GSA appreciates feedback on usability and user
experience and considers it when making updates to the respective
service or page so as to improve the site user experience.
Comment: GSA received a comment that the reporting threshold in FAR
4.103(a) be increased from $30,000 to the Simplified Acquisition
Threshold, currently $250,000.
GSA Response: GSA acknowledges this comment, but notes it is
outside the scope of this information collection.
[[Page 45894]]
Comment: GSA received a comment requesting a minimum threshold
value be implemented for subaward amount changes in FAR 52.204-10, so
that subaward changes below this threshold did not require reporting.
GSA Response: GSA acknowledges this comment, but notes it is
outside the scope of this information collection.
Comment: GSA received a comment about technical challenges users
had with FSRS including congressional district errors, errors in very
large reports, and obtaining timely responses from the help desk.
GSA Response: GSA provides the Federal Service Desk to assist with
any technical challenges users may encounter. While the help desk
strives for timely resolution, more complex technical issues may take
longer to resolve.
Obtaining Copies of Proposals: Requesters may obtain a copy of the
information collection documents from the General Services
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street
NW, Washington, DC 20405, telephone 202-501-4755. Please cite OMB
Control No. 3090-0292, FFATA Subaward and Executive Compensation
Reporting Requirements, in all correspondence.
Lois Mandell,
Director, Regulatory Secretariat Division, General Services
Administration.
[FR Doc. 2024-11437 Filed 5-23-24; 8:45 am]
BILLING CODE 6820-WY-P
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