[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Notices]
[Pages 54648-54649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21521]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0168; Docket 2013-0077; Sequence 6]


Federal Acquisition Regulation; Information Collection; American 
Recovery and Reinvestment Act--Reporting Requirements--One-Time 
Reporting, Compensation Requirements

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

ACTION: Notice of request for comments regarding an extension, with 
changes, to an existing OMB clearance.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat, will be submitting to the Office of Management 
and Budget (OMB) a request to review and approve an extension of a 
previously approved information collection requirement concerning the 
American Recovery and Reinvestment Act--Reporting Requirements--One 
Time-Reporting, Compensation Requirements.

DATES: Submit comments on or before November 4, 2013.

ADDRESSES: Submit comments identified by Information Collection 9000-
0168, American Recovery and Reinvestment Act--Reporting Requirements--
One Time-Reporting, Compensation Requirements, by any of the following 
methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching the OMB 
control number. Select the link ``Submit a Comment'' that corresponds 
with ``Information Collection 9000-0168, American Recovery and 
Reinvestment Act--Reporting Requirements--One Time-Reporting, 
Compensation Requirements''. Follow the instructions provided at the 
``Submit a Comment''

[[Page 54649]]

screen. Please include your name, company name (if any), and 
``Information Collection 9000-0168, American Recovery and Reinvestment 
Act--Reporting Requirements--One Time-Reporting, Compensation 
Requirements'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Hada 
Flowers/IC 9000-0168, American Recovery and Reinvestment Act--Reporting 
Requirements--One Time-Reporting, Compensation Requirements.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0168, American Recovery and Reinvestment Act--Reporting 
Requirements--One Time-Reporting, Compensation Requirements, in all 
correspondence related to this collection. All comments received will 
be posted without change to http://www.regulations.gov, including any 
personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement 
Analyst, Acquisition Policy Division, at telephone 202-501-1448 or via 
email to [email protected].

SUPPLEMENTARY INFORMATION:

A. Purpose

    In accordance with Federal Acquisition Regulation (FAR) subpart 
4.15 and the applicable clause at FAR 52.204-11, which implements the 
statutory requirements section 1512(c) of Division A of the American 
Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act), 
as a condition of receipt of funds, contractors that receive awards (or 
modifications to existing awards) funded, in whole or in part by the 
Recovery Act, shall include the one-time reporting element for which 
the burden is imposed on certain prime contractors and first-tier 
subcontractors to publicly disclose the names and total compensation of 
each of the contractor's or first-tier subcontractor's five most highly 
compensated officers, for the calendar year in which the award was 
made.
    While Section 1512(c)(4) of the Recovery Act requires reporting on 
all Federal Funding Accountability and Transparency Act (FFATA) data 
elements, including the compensation information, it limits the prime 
contractor's reporting responsibility to first tier subcontractors that 
meet the applicability requirements. The FAR clause requires this 
compensation disclosure for prime contractors as well as first-tier 
subcontractors. Excluding prime contractors while requiring disclosure 
for first-tier subcontractors would be unsupportable given the 
transparency goals of both FFATA and the Recovery Act. There are likely 
to be some prime contractors that already provide public access to the 
compensation of senior executives through periodic reports filed under 
section 13(a) or 15(d) of the Securities Exchange Act of 1934 or 
section 6104 of the Internal Revenue Code of 1986. There are also 
likely to be some first-tier subcontractors that do not meet the 
revenue thresholds for applicability.

B. Annual Reporting Burden

    This information collection reflects a downward adjustment from 
what was published in the Federal Register on September 24, 2010, at 75 
FR 58387, for the number of respondents required to comply with the 
requirements of FAR subpart 4.15 and the associated FAR clause at 
52.204-11, American Recovery and Reinvestment Act--Reporting 
Requirements. This change is primarily a result of the lower amount of 
Recovery Act funds available for award.
    In Fiscal Year (FY) 2010, the Federal Procurement Data System 
(FPDS) indicated that there were 33,041 Recovery Act prime contract 
awards, including modifications (21,767 awarded to small businesses), 
to 8,896 unique vendors. In FY 2012, FPDS indicates that there were 
6,312 Recovery Act prime contract awards, including modifications 
(3,156 awarded to small businesses), to 2,247 unique vendors. This 
change represents a decrease of approximately 75 percent from FY 2010. 
The number of first-tier subcontractors estimated to participate in 
Recovery Act awards is 4,494. This was derived by estimating two first-
tier subcontractors for each prime contractor. It was determined that 
the FY 2012 FPDS data regarding the number of unique vendors combined 
with the assumption of two first-tier subcontractors for each prime 
contractor was a sufficient baseline for estimating the number of 
respondents (prime contractors and first-tier subcontractors) that 
would need to comply with the applicable clause associated with this 
information collection (6,741).
    In discussions with subject matter experts, it was also determined 
that an estimated number of responses per respondent of two, rounded 
down from 2.8, was sufficient to reflect the lower number of Recovery 
Act funds available for award. Additionally, it is estimated that the 
burden hours per response is three-hours (3.0), which reflects no 
change from what was published in the Federal Register on September 24, 
2010, at 75 FR 58387. No public comments were received in prior years 
that have challenged the validity of the Government's estimate.
    Respondents: 6,741.
    Responses per Respondent: 2.0.
    Total Annual Reponses: 13,482.
    Hours per Response: 3.0.
    Total Burden Hours: 40,446.

C. Public Comments

    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and whether it will have practical utility; 
whether our estimate of the public burden of this collection of 
information is accurate, and based on valid assumptions and 
methodology; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat (MVCB), 1800 F Street, NW., 
Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control 
No. 9000-0168, American Recovery and Reinvestment Act--Reporting 
Requirements--One-Time Reporting, Compensation Requirements, in all 
correspondence.

    Dated: August 29, 2013.
Karlos Morgan,
Acting Director, Federal Acquisition Policy Division, Office of 
Government-wide Acquisition Policy, Office of Acquisition Policy, 
Office of Government-wide Policy.
[FR Doc. 2013-21521 Filed 9-4-13; 8:45 am]
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