Difference between revisions of "FAR 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards"
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|Prescribedin=4.1403(a) | |Prescribedin=4.1403(a) | ||
|TypePurposeContract=Time and Materials/Labor Hour -A | |TypePurposeContract=Time and Materials/Labor Hour -A | ||
− | |TypeofContractApplicable=Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Transportation; Simplified Acquisition Procedures (Excludes Micro-Purchase); Utility | + | |TypeofContractApplicable=Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Transportation; Simplified Acquisition Procedures (Excludes Micro-Purchase); Utility Services |
|CCSubject=Executive Compensation | |CCSubject=Executive Compensation | ||
|ContractThreshold=>25,000 | |ContractThreshold=>25,000 | ||
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'''(c)''' Nothing in this clause requires the disclosure of classified information | '''(c)''' Nothing in this clause requires the disclosure of classified information | ||
− | + | ||
'''(d)''' | '''(d)''' | ||
− | + | ||
+ | ===Executive Compensation of the Prime Contractor=== | ||
+ | |||
+ | '''(1) Executive compensation of the prime contractor.''' | ||
+ | |||
+ | '''As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—''' | ||
:(i) In the Contractor’s preceding fiscal year, the Contractor received— | :(i) In the Contractor’s preceding fiscal year, the Contractor received— | ||
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:(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.) | :(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.) | ||
− | ==First-Tier Subcontract Information== | + | ===First-Tier Subcontract Information=== |
− | + | '''(2)''' | |
− | First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) | + | '''First-tier subcontract information.''' |
+ | |||
+ | Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, '''by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract.''' (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) | ||
:(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company. | :(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company. | ||
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:(xiv) The applicable North American Industry Classification System code (NAICS). | :(xiv) The applicable North American Industry Classification System code (NAICS). | ||
+ | ===Executive Compensation of the First-Tier Subcontractor=== | ||
− | + | '''(3)Executive compensation of the first-tier subcontractor.''' | |
+ | |||
+ | Unless otherwise directed by the Contracting Officer, '''by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), <u><big>the Contractor shall report</big></u> the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor <u><big>for the first-tier subcontractor’s preceding completed fiscal year</big></u> at http://www.fsrs.gov , if'''— | ||
:*(i) In the subcontractor’s preceding fiscal year, the subcontractor received— | :*(i) In the subcontractor’s preceding fiscal year, the subcontractor received— | ||
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===Where to Report=== | ===Where to Report=== | ||
'''(h)''' The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information. | '''(h)''' The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information. | ||
− | |ImportantNotesRequirements=Should be inserted into all contracts types when applicable. | + | |ImportantNotesRequirements=<big>Big text</big>Also See---'''[[Federal Funding Accountability and Transparency Act]]''' |
+ | |||
+ | Should be inserted into all contracts types when applicable. | ||
[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]] | [[Category:FAR 52 - Solicitation Provisions and Contract Clauses]] |
Latest revision as of 15:25, 28 September 2016
Prescribed in 4.1403(a) | ||
Effective Date: | 1 May 2014 | |
Clause or Provision: | Clause | |
Provision or Clause Number: | 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards | |
Principle Type And/Or Purpose of Contract: | ||
Required: | ||
Applicable: | Time and Materials/Labor Hour; Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Transportation; Simplified Acquisition Procedures (Excludes Micro-Purchase); Utility Services | |
Optional: | ||
Subject: | Executive Compensation | |
ProcurementType: | ||
Contract Threshold: | >25,000 | |
Prescription Overview: |
Prescription(a) The contracting officer shall insert the clause at 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards, in all solicitations and contracts of $25,000 or more. (b) The clause is not prescribed for contracts that are not required to be reported in the Federal Procurement Data System (FPDS) (see Subpart 4.6). | |
Clause Overview: |
Clause(a) DefinitionsAs used in this clause: “Executive” means officers, managing partners, or any other employees in management positions. “First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs. “Month of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor. “Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
Executive Compensation of the Prime Contractor(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—
First-Tier Subcontract Information(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)
Executive Compensation of the First-Tier Subcontractor(3)Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at http://www.fsrs.gov , if—
Exemptions(g)
Where to Report(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information. | |
Important Notes/Requirements: |
Big textAlso See---Federal Funding Accountability and Transparency Act Should be inserted into all contracts types when applicable. | |
Subcontract Threshold: | >25,000 | |
Incorporated by Reference: | Yes | |
Uniform Contract Format: | I | |
Editor: | Marshall |
Personal notes.