[Federal Register: March 21, 2007 (Volume 72, Number 54)]
[Proposed Rules]
[Page 13234-13235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr07-21]
[[Page 13234]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 12, and 52
[FAR Case 2006-029; Docket No. 2007-0001; Sequence 5]
RIN 9000-AK72
Federal Acquisition Regulation; FAR Case 2006-029, Federal
Funding Accountability and Transparency Act (FFATA)--Reporting
Requirement of Subcontractor Award Data
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to require that contractors report
specific subcontract awards to a public database. The Federal Funding
Accountability and Transparency Act of 2006 (FFATA) (Pub. L. 109-282)
requires the existence and operation of a searchable website that
provides public access to information about Federal expenditures. The
FFATA specifically requires that a pilot program be established to test
the collection and accession of subcontract award data. As a result,
subcontracts awarded and funded with Federal appropriated funds will be
disclosed to the public in a single searchable website.
DATES: Interested parties should submit written comments to the FAR
Secretariat on or before May 21, 2007 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2006-029 by any of
the following methods:
Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Search for any document by first selecting the proper document types
and selecting ``Federal Acquisition Regulation'' as the agency of
choice. At the ``Keyword'' prompt, type in the FAR case number (for
example, FAR Case 2006-001) and click on the ``Submit'' button. Please
include any personal and/or business information inside the document.
You may also search for any document by clicking on the ``Advanced
search/document search'' tab at the top of the screen, selecting from
the agency field ``Federal Acquisition Regulation'', and typing the FAR
case number in the keyword field. Select the ``Submit'' button.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2006-
029 in all correspondence related to this case. All comments received
will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAR case 2006-029.
SUPPLEMENTARY INFORMATION:
A. Background
The FFATA requires the existence and operation of a searchable
website that provides public access to information about Federal
expenditures. Section 2(d) of the FFATA requires that a pilot program
be established to test the collection and accession of subcontract
award data.
In order to implement Section 2(d) of the FFATA, the Councils
propose to add a new subpart to FAR Part 4, with an associated clause
in FAR Part 52, which addresses reporting subcontract awards. The pilot
program will begin no later than July 1, 2007 and will terminate no
later than January 1, 2009.
This rule applies to contracts with values equal to or greater than
$500,000,000 awarded and performed in the United States, and requires
the awardees to report all first tier subcontract awards exceeding
$1,000,000 to the FFATA database at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.federalspending.gov. The
Councils chose these thresholds to ensure that a sufficient number of
subcontract award reports will be entered in the database to permit
assessment of its effectiveness without imposing a significant burden
on contractors during the pilot program. The Government does not
guarantee the reliability of the data reported. The Government has no
mechanism to verify the data submitted. Before completion of the pilot
program, the Councils will initiate a separate rulemaking process to
establish the requirements for the final subcontract reporting database
pursuant to the statute. The Councils anticipate that the final
reporting requirement will apply to contracts with values equal to or
greater than the simplified acquisition threshold and will require the
reporting of subcontracts with values greater than $25,000, regardless
of the award or performance locations of the prime contract or
subcontracts. This rule does not apply to classified contracts or
commercial item contracts issued under FAR Part 12. FFATA did not
explicitly apply its provisions to commercial items, and the statute
will be added to the list of laws inapplicable to commercial contracts
at 12.503(a), under 41 U.S.C. 430.
The Councils specifically invite comments on the following--
(a) The pilot program--
(1) The burden imposed;
(2) Whether making this information publicly available will affect
the contractor's competitiveness; and
(3) Whether availability of this information on a public website
raises industrial, national or other security concerns.
(b) Possible final reporting requirements--
(1) Whether the final reporting requirements (after the pilot
program) should apply to contracts and subcontracts;
(i) Awarded or performed outside the United States;
(ii) With values greater than $25,000; and
(iii) Awards below the first tier.
(2) Whether the reporting period should be 30 days after award of a
subcontract as expressed in the statute or a longer period; and
(3) Whether the unique subcontractor identifier should be the DUNS
number, the Taxpayer Identification Number (TIN) some other number, or
a non-numerical unique identifier.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the contract dollar threshold chosen for application of the
pilot program ($500,000,000) ensures that any small businesses
receiving such large prime contract awards are estimated to be
minuscule to none. An Initial Regulatory Flexibility Analysis has,
[[Page 13235]]
therefore, not been performed. We invite comments from small businesses
and other interested parties. The Councils will consider comments from
small entities concerning the affected FAR Parts 4, 12, and 52 in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 601, et seq. (FAR case
2006-029), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) applies because the
proposed rule contains information collection requirements.
Accordingly, the FAR Secretariat will submit a request for approval of
a new information collection requirement concerning OMB Control Number
9000-00XX, FFATA--Reporting Requirement of Subcontractor Award Data to
the Office of Management and Budget under 44 U.S.C. 3501, et seq.
Annual Reporting Burden:
Public reporting burden for this collection of information is
estimated to average 1 hour per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
The annual reporting burden is estimated as follows:
Respondents: 143
Responses per respondent: 28
Total annual responses: 4,004
Preparation hours per response: 1
Total response burden hours: 4,004.
D. Request for Comments Regarding Paperwork Burden
Submit comments, including suggestions for reducing this burden,
not later than May 21, 2007 to: FAR Desk Officer, OMB, Room 10102,
NEOB, Washington, DC 20503, and a copy to the General Services
Administration, FAR Secretariat (VIR), 1800 F Street, NW, Room 4035,
Washington, DC 20405.
Public comments are particularly invited on: whether this
collection of information is necessary for the proper performance of
functions of the FAR, and 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.
Requester may obtain a copy of the justification from the General
Services Administration, FAR Secretariat (VIR), Room 4035, Washington,
DC 20405, telephone (202) 501-4755. Please cite OMB Control Number
9000-00XX, FFATA--Reporting Requirement of Subcontractor Award Data, in
all correspondence.
List of Subjects in 48 CFR Parts 4, 12, and 52
Government procurement.
Dated: March 13, 2007.
Al Matera
Acting Director, Contract Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 4, 12,
and 52 as set forth below:
1. The authority citation for 48 CFR parts 4, 12, and 52 continues
to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 4--ADMINISTRATIVE MATTERS
2. Add Subpart 4.14 to read as follows:
Subpart 4.14--Reporting Subcontract Awards
4.1400 Scope of subpart.
This subpart implements Section 2(d) of the Federal Funding
Accountability and Transparency Act of 2006 (Pub. L. 109-282) by
establishing a pilot program for a single searchable website, available
to the public at no charge, that includes information on Federal
subcontracts. This pilot program will expire not later than January 1,
2009.
4.1401 Contract clause.
(a) Except as provided in paragraph (b) of this section, insert the
clause at 52.204-10, Reporting Subcontract Awards, in all solicitations
and contracts with values of $500,000,000 or more when the contract
will be awarded and performed in the United States.
(b) The clause is not required in--
(1) Solicitations and contracts for commercial items issued under
FAR Part 12; or
(2) Classified solicitations and contracts.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
3. Amend section 12.503 by adding paragraph (a)(7) to read as
follows:
12.503 Applicability of certain laws to Executive agency contracts for
the acquisition of commercial services.
(a) * * *
(7) 31 U.S.C. 6101 Note, P. L. 109-282 Federal Funding
Accountability and Transparency Act of 2006, requirement to report
subcontract data.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Add section 52.204-10 to read as follows:
52.204-10 Reporting Subcontract Awards.
As prescribed in 4.1401(a), insert the following clause:
REPORTING SUBCONTRACT AWARDS (DATE)
(a) Definition. Subcontract, as used in this clause, means any
contract as defined in FAR Subpart 2.1 entered into by the
Contractor to furnish supplies or services for performance of this
contract. It includes, but is not limited to, purchase orders and
changes and modifications to purchase orders, but does not include
contracts that provide supplies or services benefiting two or more
contracts.
(b) Section 2(d) of the Federal Funding Accountability and
Transparency Act of 2006 (Pub. L. No. 109-282) requires
establishment of a pilot program for a single searchable website,
available to the public at no charge, that includes information on
Federal subcontracts.
(c) Within thirty days after the end of March, June, September,
and December of each year through 2008, the Contractor shall report
the following information at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.federalspending.gov for each
subcontract award with a value greater than $1,000,000 made during
that quarter. The Contractor shall follow the instructions at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.federalspending.govto report the data:
(1) Name of the subcontractor.
(2) Amount of the award.
(3) Date of award.
(4) The applicable North American Industry Classification System
code.
(5) Funding agency or agencies.
(6) Award title descriptive of the purpose of the action.
(7) Contract number.
(8) Subcontractor location including address.
(9) Subcontract primary performance location including address.
(10) Unique identifier for the subcontractor.
(End of clause)
[FR Doc. 07-1318 Filed 3-20-07; 8:45 am]
BILLING CODE 6820-EP-S