[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65909-65911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 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: 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

[[Page 65910]]

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 
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) (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 usaspending.gov.

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 [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. 2024-18005 Filed 8-12-24; 8:45 am]
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