Notice2024-18005
Submission for OMB Review; Reporting Executive Compensation and First-Tier Subcontract Awards
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
August 13, 2024
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve a reinstatement of a previously approved information collection regarding reporting executive compensation and first-tier subcontract awards.
Full Text
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<title>Federal Register, Volume 89 Issue 156 (Tuesday, August 13, 2024)</title>
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[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65909-65911]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18005]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0177; Docket No. 2024-0053; Sequence No. 11]
Submission for OMB Review; 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: Notice.
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SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division has submitted to the Office of
Management and Budget (OMB) a request to review and approve a
reinstatement of a previously approved information collection regarding
reporting executive compensation and first-tier subcontract awards.
DATES: Submit comments on or before September 12, 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: Zenaida Delgado, Procurement Analyst,
at telephone 202-969-7207, or <a href="/cdn-cgi/l/email-protection#2e544b404f474a4f004a4b42494f4a416e495d4f00494158"><span class="__cf_email__" data-cfemail="d3a9b6bdb2bab7b2fdb7b6bfb4b2b7bc93b4a0b2fdb4bca5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and any Associated Form(s):
9000-0177, Reporting Executive Compensation and First-tier
Subcontract Awards.
B. Need and Uses
This clearance covers the information that contractors must report
to the Federal Subaward Reporting System (FSRS) to comply with
requirements under the Federal Acquisition Regulation (FAR) clause at
52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards. OMB Control No. 3090-0292 covers the information that
nonprocurement entities must submit to FSRS. The separate collection
for procurement entity reporting increases clarity and visibility of
the specific FAR reporting
[[Page 65910]]
requirements. This clearance covers the following sections of FAR
clause 52.204-10:
<bullet> FAR 52.204-10(d)(2), First-tier subcontract information.
Contractors shall report the following information for their first-tier
subcontracts at <a href="http://www.fsrs.gov">http://www.fsrs.gov</a> by the end of the month following
the month of award of a first-tier subcontract valued at or above
$30,000:
(i) Unique entity identifier 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 as reported in FPDS.
(xiv) The applicable North American Industry Classification System
code.
Contractors shall follow the instructions at <a href="http://FSRS.gov">FSRS.gov</a> to report the
data. Contractors may access FSRS with their Electronic Subcontract
Reporting System (eSRS) user account since access to FSRS and eSRS is
accomplished with a single account, single log-in. The burden for the
eSRS information collection is covered under OMB Control No. 9000-0007,
Subcontracting Plans.
<bullet> FAR 52.204-10(d)(3), Executive compensation of the first-
tier subcontractor.
Contractors shall report the names and total compensation of each
of the five most highly compensated executives for their first-tier
subcontractors for that first-tier subcontractor's preceding completed
fiscal year at <a href="http://www.fsrs.gov">http://www.fsrs.gov</a>, if--
(i) In the subcontractor's preceding fiscal year, the subcontractor
received--
(A) 80 percent or more of its annual gross revenues from Federal
contracts (and subcontracts), loans, grants (and subgrants),
cooperative agreements, and other forms of Federal financial
assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal
contracts (and subcontracts), loans, grants (and subgrants),
cooperative agreements, and other forms of Federal financial
assistance; 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 <a href="http://www.sec.gov/answers/execomp.htm">http://www.sec.gov/answers/execomp.htm</a>.)
FAR 52.204-10(d)(1) requires contractors to report the names and
total compensation of each of the five most highly compensated
executives for its preceding completed fiscal year as part of the
contractor's annual registration requirement in the System for Award
Management (SAM) (FAR provision 52.204-7). The burden for the SAM
information collection is covered under OMB Control No. 9000-0189,
Certain Federal Acquisition Regulation Part 4 Requirements.
This collection of information is required to comply with section 2
of the Federal Funding Accountability and Transparency Act of 2006
(Pub. L. 109-282) (FFATA), as amended by section 6202 of the Government
Funding Transparency Act of 2008 (Pub. L. 110-252) (31 U.S.C. 6101
note). The statute required the Office of Management and Budget to
establish a free, public, online database containing full disclosure of
all Federal contract award information. The public may view first-tier
subcontract award data at <a href="http://usaspending.gov">usaspending.gov</a>.
C. Annual Burden
Respondents: 42,231.
Total Annual Responses: 266,169.
Total Burden Hours: 506,617.
D. Public Comment
A 60-day notice was published in the Federal Register at 89 FR
45894, on May 24, 2024. Comments were received from five respondents;
however, they did not change the estimate of the burden.
Comment: A respondent expressed support of the collection as
beneficial for the small business community.
Response: The respondents' input is appreciated.
Comment: Multiple respondents opposed the reinstatement of the
information collection citing the following concerns: the benefits of
the collection do not justify the associated costs and challenges; the
collection of information is overly intrusive and unnecessary for the
proper performance of the functions of Federal Government acquisitions;
the data collected is unlikely to enhance transparency or
accountability in a meaningful way; the burdensome nature of the
reporting requirements discourage companies from participating in
Federal contracting, ultimately reducing competition and innovation;
and the data collected raises significant privacy concerns, with
potential risks of misuse or exposure of sensitive personal
information.
Response: The OMB clearance for this collection of information is
required to comply with the Paperwork Reduction Act. This reinstatement
covers the information that contractors report to the FSRS to comply
with requirements under the FAR clause at 52.204-10, Reporting
Executive Compensation and First-Tier Subcontract Awards. FAR clause
52.204-10 implemented section 2 of the 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) (31 U.S.C. 6101 note), which requires contractors to report
subcontract award data and the total compensation of the five most
highly compensated executives of the contractor and subcontractor. The
statute required OMB to establish a free, public, online database
containing full disclosure of all Federal contract award information.
The public may view first-tier subcontract award data at
USASpending.gov. Changes to the information collected require a change
in the law.
Comment: A respondent expressed concerns with the burden estimate
of twelve hours per contractor each year being too low.
Response: The burden to report the subcontractor award information
per FAR 52.204-10(d)(2) is estimated to average 2 hours per response
for a prime contractor. The information on a first-tier subcontract
covered by paragraph (d)(2) is reported when the subcontract is
awarded, and further reporting is only required if one of the reported
data elements changes during the performance of the subcontract. The
burden to report the subcontractor executive compensation per FAR
[[Page 65911]]
52.204-10(d)(3) is estimated to average 1 hour per response for a prime
contractor. The information on a first-tier subcontract covered by
paragraph (d)(3) is reported when the subcontract is awarded and
annually thereafter if needed. The aggregate of twelve hours per
contractor per year covers the reporting variation that firms may
experience.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the GSA Regulatory Secretariat Division by
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#10574351427577437573507763713e777f66"><span class="__cf_email__" data-cfemail="6f283c2e3d0a083c0a0c2f081c0e41080019">[email protected]</span></a>. Please cite OMB
Control No. 9000-0177, Reporting Executive Compensation and First-tier
Subcontract Awards.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2024-18005 Filed 8-12-24; 8:45 am]
BILLING CODE 6820-EP-P
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