New FAR Rule And Compliance Guide

FYI, this new FAR Rule and Small Entity Compliance Guide are in today’s Federal Register.  Following is the Summary of the changes made for 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, Web site 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.

Reporting Executive Compensation and First-Tier Subcontract Awards.

Small Entity Compliance Guide.

Circular 2005-44 Introduction.