[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45894-45895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11523]


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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]


Information Collection; 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 and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, and 
the Office of Management and Budget (OMB) regulations, DoD, GSA, and 
NASA invite the public to comment on a reinstatement of a previously 
approved information collection concerning reporting executive 
compensation and first-tier subcontract awards. DoD, GSA, and NASA 
invite comments on: whether the proposed collection of information is 
necessary for the proper performance of the functions of Federal 
Government acquisitions, including whether the information will have 
practical utility; the accuracy of the estimate of the burden of the 
proposed information collection; ways to enhance the quality, utility, 
and clarity of the information to be collected; and ways to minimize 
the burden of the information collection on respondents, including the 
use of automated collection techniques or other forms of information 
technology.

DATES: DoD, GSA, and NASA will consider all comments received by July 
23, 2024.

ADDRESSES: DoD, GSA, and NASA invite interested persons to submit 
comments on this collection through https://www.regulations.gov and 
follow the instructions on the site. This website provides the ability 
to type short comments directly into the comment field or attach a file 
for lengthier comments. If there are difficulties submitting comments, 
contact the GSA Regulatory Secretariat Division at 202-501-4755 or 
[email protected].
    Instructions: All items submitted must cite OMB Control No. 9000-
0177, Reporting Executive Compensation and First-tier Subcontract 
Awards. Comments received generally will be posted without change to 
https://www.regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check www.regulations.gov, approximately two to 
three days after submission to verify posting.

FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

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 requirements. This clearance covers the 
following sections of FAR clause 52.204-10:
     FAR 52.204-10(d)(2), First-tier subcontract information.
    Contractors shall report the following information for their first-
tier subcontracts at http://www.fsrs.gov 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 FSRS.gov 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.
     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

[[Page 45895]]

subcontractors for that first-tier subcontractor's preceding completed 
fiscal year at http://www.fsrs.gov, 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 http://www.sec.gov/answers/execomp.htm.)
    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). 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 usaspending.gov.

C. Annual Burden

    Respondents: 42,231.
    Total Annual Responses: 266,169.
    Total Burden Hours: 506,617.
    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 [email protected]. 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. 2024-11523 Filed 5-23-24; 8:45 am]
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