[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Rules and Regulations]               
[Page 39413-39414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 39413]]


Part V

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1

Federal Acquisition Regulations; Final Rules

[[Page 39414]]





48 CFR Chapter 1

[Docket FAR-2010-0076, Sequence 6]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-44; Introduction

AGENCY:  Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of an interim rule.


SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the 
Defense Acquisition Regulations Council in this Federal Acquisition 
Circular (FAC) 2005-44. A companion document, the Small Entity 
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, 
is available via the Internet at http://regulations.gov/.

DATES: For effective date, see separate document, which follows.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below in relation to the 
FAR case or subject area. Please cite FAC 2005-44 and the FAR case 
number. Interested parties may also visit our Web site at http://
acquisition.gov/far. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at (202) 501-

                       Rule Listed in FAC 2005-44
                Subject                     FAR case         Analyst
Reporting Executive Compensation and          2008-039          Woodson
 First-Tier Subcontract Awards........

SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the 
actual revisions and/or amendments to this FAR case, refer to FAR case 
    FAC 2005-44 amends the FAR as specified below:

Reporting Executive Compensation and First-Tier Subcontract Awards (FAR 
Case 2008-039)

    This interim rule amends the Federal Acquisition Regulation to 
implement section 2 of 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), which 
requires the Office of Management and Budget (OMB) to establish a free, 
public, website containing full disclosure of all Federal contract 
award information. This rule will require contractors to report 
executive compensation and first-tier subcontract awards on contracts 
and orders expected to be $25,000 or more (including all options), 
except classified contracts and contracts with individuals. This 
information will be available to the public. To minimize the burden 
implementing the Transparency Act will impose on both Federal agencies 
and contractors, the Councils intend to implement the reporting 
requirements in a phased approach:
    1. Until September 30, 2010, any newly awarded subcontract must be 
reported if the prime contract award amount was $20,000,000 or more.
    2. From October 1, 2010, until February 28, 2011, any newly awarded 
subcontract must be reported if the prime contract award amount was 
$550,000 or more.
    3. Starting March 1, 2011, any newly awarded subcontract must be 
reported if the prime contract award amount was $25,000 or more.
    The rule is applicable to all solicitations and contracts with a 
value of $25,000 or more. The clause is required in commercial item 
contracts, including commercially available off-the-shelf (COTS) item 
contracts, as well as actions under the simplified acquisition 
threshold, meeting the $25,000 threshold. The clause is not required in 
classified solicitations and contracts, and contracts with individuals.

    Dated: July 2, 2010.
Edward Loeb,
Director, Acquisition Policy Division.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-44 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-44 is 
effective July 8, 2010.

    Dated: July 2, 2010.
Linda W. Nielson,
Deputy Director, Defense Procurement and Acquisition Policy (Defense 
Acquisition Regulations System).
    Dated: June 30, 2010.
Edward Loeb,
Acting Deputy Associate Administrator for Acquisition Policy, Office of 
Acquisition Policy, U.S. General Services Administration.
    Dated: June 29, 2010.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
[FR Doc. 2010-16693 Filed 7-7-10; 8:45 am]