[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45893-45894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11437]



[[Page 45893]]

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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 www.reginfo.gov/public/do/PRAMain. 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 
[email protected].

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 
FSRS.gov. 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.

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    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]
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