Reporting Executive Compensation and First-tier Subcontract Awards
New collection (Request for a new OMB Control Number)
No
Regular
Approved without change
09/16/2024
08/13/2024
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
09/30/2027
36 Months From Approved
282,678
0
0
502,010
0
0
33,662,580
0
0
This clearance covers the information that contractors must submit to comply with the requirements of the following sections of FAR clause 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards:
a. 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 (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/ log-in. The burden for the eSRS information collection is covered under OMB Control No. 9000-0007, Subcontracting Plans.
b. 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, ifâ
(i) In the subcontractor's preceding fiscal year, the subcontractor receivedâ
(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.)
c. 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 contractorâs 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 information collection was established by FAR Case 2008-039, Reporting Executive Compensation and First-Tier Subcontract Awards, published as an interim rule at 75 FR 39414 on July 8, 2010, and as a final rule at 77 FR 44047 on July 26, 2012.
This information collection is being reinstated to clearly address the reporting burden for procurement entities. This clearance includes adjustments to the public and Government burden estimates based on the following:
â The estimated number of respondents and responses per year are based on averages of historical FPDS data for the three most recent FYs (2021 through 2023) and FY 2023 data from FSRS and USASpending.gov.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Public comments 9000-0177 --7.24.24.pdf
9000-0177 Supp Statement Part A 7.30.24.docx
Reporting executive compensation for the first-tier subcontractors