22070 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Proposed Rules 

Contact: Mark Dow, Registration 

Division (7505P), (703) 305–5533, 

e-mail address: dow.mark@epa.gov. 

3. PP 0F7729. (EPA–HQ–OPP–2010– 

0096). DSM Food Specialties B.V., 

Alexander Fleminglaan 1, 2613 AX 

Delft, The Netherlands, c/o Keller and 

Heckman, LLP, 1001 G. Street, NW., 

Washington, DC 20001 request to 

establish an exemption from the 

requirement of a tolerance for residues 

of the biochemical pesticide natamycin, 

(6,11,28- 

Trioxatricyclo[22.3.1.05,7]octacosa8,14,16,18,20-pentaene-25-carboxylic 

acid, 22-[(3-amino-3,6-dideoxy-b-Dmannopyranosyl)oxy]-1,3,26- 

trihydroxy-12-methyl-10oxo-, 

(1R,3S,5R,7R,8E,12R,14E,16E,18E, 

20E,22R,24S,25R,26S) (CAS Reg. No. 

7681–93–8), in or on mushrooms. An 

analytical method is available to EPA 

for the detection and measurement of 

the pesticide residues. Contact: Cheryl 

Greene, Biopesticides and Pollution 

Prevention Division (7511P), (703) 308– 

0352, e-mail address: 

greene.cheryl@epa.gov. 

Amended Tolerance Exemption 

PP 1E7830. (EPA–HQ–OPP–2007– 

0158). Interregional Research Project 

Number 4 (IR–4), Rutgers University, 

500 College Road East, Suite 201W, 

Princeton, NJ 08540 on behalf of the 

Arizona Cotton Research and Protection 

Council, 3721 East Wier Avenue, 

Phoenix, AZ 85040–2933, request to 

amend 40 CFR 180.1206 to establish a 

permanent exemption from the 

requirement of a tolerance for 

Aspergillus flavus AF36 on pistachio. 

The petitioner believes no analytical 

method is needed because an exemption 

from the requirement of a tolerance for 

residues of the microbial pesticide A. 

flavus AF36 in/on pistachios, without 

any numerical limitation is being 

requested for pistachios. Contact: 

Shanaz Bacchus, Biopesticides and 

Pollution Prevention Division (7511P), 

(703) 308–8097, e-mail address: 

bacchus.shanaz@epa.gov. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: April 11, 2011. 

Daniel J. Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. 2011–9447 Filed 4–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 5 

Negotiated Rulemaking Committee on 

Designation of Medically Underserved 

Populations and Health Professional 

Shortage Areas; Notice of Meeting 

Correction 

Proposed Rule document 2011–9081 

was inadvertently published in the 

Rules section of the issue of April 14, 

2011, beginning on page 20867. It 

should have appeared in the Proposed 

Rules section. 

[FR Doc. 2011–9600 Filed 4–19–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4, 8, 17, 37, and 52 

[FAR Case 2010–010; Docket 2010–0010, 

Sequence 1] 

RIN 9000–AM06 

Federal Acquisition Regulation; 

Service Contracts Reporting 

Requirements 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 743 of Division C of 

the Consolidated Appropriations Act, 

2010. This proposed rule amends the 

FAR to require service contractors for 

executive agencies, except the 

Department of Defense (DoD), covered 

by the Federal Activities Inventory 

Reform (FAIR) Act of 1998, to submit 

information annually in support of 

agency-level inventories for service 

contracts. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addresses 

shown below on or before June 20, 2011 

to be considered in the formation of a 

final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2010–010, by any 

of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘FAR 

Case 2010–010’’ under the heading 

‘‘Enter Keyword or ID and selecting 

‘‘Search’’. Select the link ‘‘Submit a 

Comment’’ that corresponds with FAR 

Case 2010–010 at the ‘‘Submit a 

Comment’’ screen. Please include your 

name, company name (if any), and ‘‘FAR 

Case 2010–010’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, FAR Secretariat 

(MVCB), ATTN: Hada Flowers, 1275 

First Street, NE., Washington, DC 20405. 

Instructions: Please submit comments 

only and cite FAR Case 2010–010, in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Clare McFadden, Procurement Analyst, 

at (202) 501–0044 for clarification of 

content. Please cite FAR Case 2010–010. 

For information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat at (202) 501– 

4755. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 743 of Division C of the 

Consolidated Appropriations Act, 2010 

(Pub. L. 111–117) requires executive 

agencies covered by the Federal 

Activities Inventory Reform (FAIR) Act 

(Pub. L. 105–270), except DoD, to 

submit to the Office of Management and 

Budget (OMB) annually an inventory of 

activities performed by service 

contractors. DoD is exempt from this 

reporting requirement because 10 U.S.C. 

2462 and 10 U.S.C. 2330a(c) already 

requires DoD to develop an annual 

service contract inventory. 

House Report 111–366 notes, in 

connection with section 743, that, ‘‘(i)n 

the absence of complete and reliable 

information on the extent of their 

reliance on service contractors, Federal 

agencies are not well-equipped to 

determine whether they have the right 

balance of contractor and in-house 

resources needed to accomplish their 

missions. This section requires agencies 

to review the contents of the inventory 

and report on actions taken.’’ 

Section 743 mandates that, for each 

service contract, the agency-level 

inventory report must include the 

following information— 

(1) A description of the services 

purchased by the executive agency and 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Proposed Rules 22071 

the role the services played in achieving 

objectives, regardless of whether such a 

purchase was made through a contract 

or task order; 

(2) The organizational component of 

the executive agency administering the 

contract, and the organizational 

component of the agency whose 

requirements are being met through 

contractor performance of the service; 

(3) The total dollar amount obligated 

for services under the contract and the 

funding source for the contract; 

(4) The total dollar amount invoiced 

for services under the contract; 

(5) The contract type and date of 

award; 

(6) The name of the contractor and 

place of performance; 

(7) The number and work location of 

contractor and subcontractor employees, 

expressed as full-time equivalents for 

direct labor, compensated under the 

contract; 

(8) Whether the contract is a personal 

services contract; and 

(9) Whether the contract was awarded 

on a noncompetitive basis, regardless of 

date of award. 

Additionally, the Office of Federal 

Procurement Policy’s November 5, 2010, 

guidance, entitled Service Contract 

Inventories (http:// 

www.whitehouse.gov/omb/ 

procurement_index_memo), requires 

agencies to include contract actions 

funded by that agency, including 

contract actions made on behalf of the 

agency by other agencies. Similarly, 

agencies should exclude contract 

actions that they have made on another 

agency’s behalf with the other agency’s 

funding. This guidance provided a 

framework to help agencies prepare 

service contract inventories for Fiscal 

Year (FY) 2010. To maximize the 

management benefits associated with a 

service contract inventory and ensure 

consistency across agencies, FY 2010 

inventories followed the format 

provided in the guidance and included 

only the data elements identified in 

section 743(a)(3) that are currently 

reported in the Federal Procurement 

Data System—Next Generation (FPDS– 

NG). However, certain data elements, 

namely the total amount invoiced for 

services and number of direct labor 

hours expended on services performed 

during the previous Government fiscal 

year, which will be used to calculate the 

number of contractor manpower fulltime equivalents, must be collected from 

service contractors. 

The service contractor inventory 

requirements in section 743 create 

significant management responsibilities 

to support the appropriate rebalancing 

of work performed by Federal 

employees and contractors. To 

implement this requirement in the FAR, 

OMB directed DoD, GSA, and NASA to 

use a phased-in approach similar to that 

proposed in the President’s Budget for 

FY 2011. A phased-in approach will 

help agencies more effectively manage 

the challenges associated with 

launching and maintaining an 

inventory. 

In accordance with Section 743, this 

rule proposes to amend the FAR to 

create a new FAR subpart 4.16, entitled 

Service Contracts Inventory, to address 

responsibilities for collection, 

management, and reporting of this 

information, and a new clause, 52.204– 

XX, Service Contract Reporting 

Requirements, to incorporate into 

covered solicitations and contracts. An 

Alternate clause will be used for orders 

placed on indefinite-delivery contracts. 

Agencies placing orders on these 

existing contracts after the effective date 

of a resulting final rule will be required 

to report this information if the order 

meets the thresholds established in FAR 

4.1603 (e.g., at or above the simplified 

acquisition threshold (SAT) for costreimbursement, time-and-materials, and 

labor-hour contracts, and fixed-price 

contracts at or above $5 million in FY 

2011 and phased-in thresholds 

thereafter). 

Under this proposed rule, contractors 

must submit the following four data 

elements for each covered contract or 

order for a given year by October 31st 

annually: 

(1) Contract number and, as 

applicable, task order number. 

(2) The total dollar amount invoiced 

for services performed during the 

previous fiscal year under the contract. 

(3) The number of contractor direct 

labor hours expended on the services 

performed during the previous fiscal 

year. 

(4) Data reported by subcontractors. 

Subcontractor information is also 

required under Section 743. To 

implement this requirement in the FAR, 

in a manner that is least burdensome, 

OMB directed collection of this 

information from first-tier 

subcontractors (similar to the 

subcontractor reporting requirement in 

FAR subpart 4.14, Reporting Executive 

Compensation and First-Tier 

Subcontract Awards). Prime contractors 

would be required to obtain from each 

first-tier subcontractor performing under 

a covered contract the following 

information by October 15th annually: 

(1) Subcontract number (including 

subcontractor name, and, if available, 

Data Universal Numbering System 

(DUNS) number associated with the 

subcontract number). 

(2) Number of first-tier subcontractor 

direct-labor hours expended on services 

performed during the previous 

Government fiscal year. 

The proposed reporting requirement 

applies only to solicitations, contracts, 

and orders for services, to first-tier 

subcontracts at or above the established 

thresholds. 

II. Executive Orders 13563 and 12866 

Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This is a 

significant regulatory action and, 

therefore, was 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. 

III. Regulatory Flexibility Act 

The change may 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 this 

new requirement does impose some 

additional requirements on small 

businesses that provide services to 

Executive agencies, other than DoD. 

An Initial Regulatory Flexibility 

Analysis (IRFA) has been prepared. The 

analysis is summarized as follows: 

The statute requires agencies covered by 

the FAIR Act, except DoD, to submit annual 

agency inventories of their service contracts. 

The inventory must address nine data items 

for each service contract (see ‘‘I. 

Background’’). DoD, GSA, and NASA 

attempted to minimize the informationcollection requirement for contractors by 

requiring agencies to obtain as much of the 

data as possible from existing sources such 

as the Federal Procurement Data System 

(FPDS). For each service contract or order, 

contractors would be expected to report 

annually— 

(1) Contract number and, as applicable, 

task order number; 

(2) The total dollar amount invoiced for 

services performed during the previous 

Government fiscal year under the contract; 

(3) The number of contractor direct labor 

hours expended on the services performed 

during the previous Government fiscal year; 

and 

(4) Data reported by first-tier 

subcontractors. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
22072 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Proposed Rules 

Consistent with the thresholds for prime 

contracts, first-tier subcontractors with 

subcontracts valued at or above the 

thresholds established for new contracts (e.g., 

$5 million for new fixed-price contracts in 

FY 2011 and at or above the simplified 

acquisition threshold for cost-reimbursement, 

time-and-materials, and labor-hour contracts) 

would be expected to report the following 

data elements to the prime contractor by 

October 15th annually: 

(1) Subcontract number (including the 

subcontractor name and if available, the 

DUNS number). 

(2) Number of first-tier subcontractor direct 

labor hours expended on services performed 

during the previous Government fiscal year. 

To further minimize the impact, OMB 

elected to implement the contractor 

reporting requirements over a period of 

four years beginning with larger dollar 

obligations for new fixed-price contracts 

(i.e., $5 million for FY 2011) that goes 

down to a $500,000 contract reporting 

threshold for FY 2014. A lower 

threshold was selected for costreimbursement, time-and-materials, and 

labor-hour contracts (i.e., at or above the 

SAT) because contractors already track 

the required information to invoice the 

Government. 

The reporting requirement would 

apply to Government contractors, other 

than DoD contractors, that supply 

services to executive agencies during a 

Government fiscal year (beginning in FY 

2011) and over the specified reporting 

thresholds. 

Each contractor would be required to 

report annually on the services provided 

during the previous Government fiscal 

year. The information would be input to 

a new Service Contract Reporting Portal 

(currently under development). This 

information will be collected through 

this portal, and no hard-copy reporting 

is required. When providing a proper 

invoice to the Government for costreimbursement, time-and-materials, and 

labor-hour contracts, the information on 

the number of direct labor hours worked 

is already compiled by contractors, so 

the information collected should be 

minimal for these types of contracts. 

The direct costs to small business firms 

to comply with this rule are primarily 

for data collection and input associated 

with the single annual report. 

To minimize the burden on small 

businesses, the following alternatives 

were considered and included in the 

proposed FAR rule: 

• Minimizing the inventory data 

elements collected by using existing 

systems, such as FPDS. 

• Minimizing the reporting to once a 

year. 

• Enabling electronic reporting by the 

contractor into the new portal. 

• Requiring contractors to provide 

only the number of direct labor hours 

and developing the system to 

automatically generate the number of 

full-time equivalents. 

• Limiting the reporting requirement 

to first-tier subcontractors for services in 

lieu of all subcontractors. 

• Establishing a phased-in approach 

based on contract type and estimated 

total dollar amount, from 2011 to 2014 

based on thresholds, to minimize the 

collection of information. 

The Regulatory Secretariat will be 

submitting a copy of the Initial 

Regulatory Flexibility Analysis (IRFA) 

to the Chief Counsel for Advocacy of the 

Small Business Administration. A copy 

of the IRFA may be obtained from the 

Regulatory Secretariat. The Councils 

invite comments from small business 

concerns and other interested parties on 

the expected impact of this rule on 

small entities. 

DoD, GSA, and NASA will also 

consider comments from small entities 

concerning the affected regulations in 

subparts affected by this rule in 

accordance with 5 U.S.C. 610. 

Comments must be submitted separately 

and should cite 5 U.S.C. 601, et seq. 

(FAR Case 2010–010) in all 

correspondence. 

IV. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. Chapter 35) applies because the 

proposed rule contains information 

collection requirements. Accordingly, 

the Regulatory Secretariat has submitted 

a request for approval of a new 

information collection requirement: 

9000–0179, Service Contractor 

Reporting Requirements, FAR Case 

2010–010, Proposed Rule, to the Office 

of Management and Budget. 

Annual Reporting Burden: 

Public reporting burden for this 

collection of information is estimated to 

average 2 hours 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. Because 

this is a new information collection 

requirement, historical data is not 

available. Further, the ceiling amount 

for certain service contracts to include 

the reporting requirement will be 

phased in over several years. Data from 

FY 2009 was used to determine the 

burden, with the most recent year for 

which data is available used as a 

baseline for the number of affected 

service contracts. DOD awards were 

excluded. 

If this reporting requirement had been 

in place during FY 2009, it would have 

covered 17,120 fixed-price service 

contracts over $5 million and 6,725 

cost-reimbursement, time-and-materials, 

and labor-hour service contracts above 

the simplified acquisition threshold. 

Therefore, the total number of contracts 

on which reports would have been 

submitted is 23,845. Only one report is 

required for each contract annually, and 

we estimate that it will take 

approximately 2 hours to prepare and 

submit the report. The annual reporting 

burden is estimated as follows: 

Respondents ..................................... 23,845 

Responses/respondent ..................... × 1 

Total annual Responses .................. 23,845 

Preparation hours per response ..... × 2 

Total response burden hours .......... 47,690 

List of Subjects in 48 CFR Parts 4, 8, 17, 

37, and 52 

Government procurement. 

Dated: April 14, 2011. 

Millisa Gary, 

Acting Director, Office of Governmentwide 

Acquisition Policy. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR parts 4, 8, 17, 

37, and 52 as set forth below: 

1. The authority citation for 48 CFR 

parts 4, 8, 17, 37, 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 4.16 to read as follows: 

Subpart 4.16—Service Contracts Inventory 

Sec. 

4.1600 Scope of subpart. 

4.1601 Definitions. 

4.1602 Applicability. 

4.1603 Contractor reporting requirements. 

4.1604 Contracting officer responsibilities. 

4.1605 Contract clause. 

Subpart 4.16—Service Contracts 

Inventory 

4.1600 Scope of subpart. 

This subpart implements section 743 

of Division C of the Consolidated 

Appropriations Act, 2010, (Pub. L. 111– 

117), which requires agencies to report 

annually to the Office of Management 

and Budget (OMB) on activities 

performed by service contractors. 

Section 743 applies to executive 

agencies, other than the Department of 

Defense (DoD), covered by the Federal 

Activities Inventory Reform Act (Pub. L. 

105–270) (FAIR Act). The information 

reported in the inventory will be 

publicly accessible. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Proposed Rules 22073 

4.1601 Definitions. 

FAIR Act agencies, as used in this 

subpart, means the agencies required 

under the FAIR Act to submit 

inventories annually of the activities 

performed by Government personnel. 

First-tier subcontract means a 

subcontract awarded directly by a 

contractor to furnish supplies or 

services (including construction) for 

performance of a prime contract, but 

excludes supplier agreements with 

vendors, such as long-term 

arrangements for materials or supplies 

that would normally be applied to a 

contractor’s general and administrative 

expenses or indirect cost. 

Service contract is defined in 37.101. 

4.1602 Applicability. 

(a) This subpart applies to— 

(1) All FAIR Act agencies, except 

DoD; 

(2) Solicitations, contracts, and orders 

for services that meet or exceed the 

thresholds at 4.1603; and 

(3) Contractors and first-tier 

subcontractors. 

(b) Procedures for compiling and 

submitting agency service contract 

inventories are governed by section 

743(a)(3) of Division C of Pub. L. 111– 

117 and Office of Federal Procurement 

Policy (OFPP) guidance. The guidance 

is available at the following Web site: 

http://www.whitehouse.gov/omb/ 

procurement-service-contractinventories. 

(c) This subpart addresses 

requirements for obtaining information 

from, and reporting by, agency service 

contractors. 

4.1603 Contractor reporting requirements. 

(a) Thresholds. (1) Except as 

exempted by OFPP guidance, service 

contractor reporting shall be required 

for contracts and first-tier subcontracts 

based on type of contract and estimated 

total value. For indefinite-delivery 

contracts, reporting shall be determined 

based on the type and estimated total 

value of the orders issued under the 

contract. Indefinite-delivery contracts 

include, but are not limited to, contracts 

such as indefinite-delivery indefinitequantity (IDIQ) contracts, Federal 

Supply Schedule contracts (FSSs), 

Governmentwide acquisition contracts 

(GWACs), and multi-agency contracts. 

(2) Reporting is required for contracts 

and orders according to the following 

thresholds: 

(i) All cost-reimbursement, time-andmaterials, and labor-hour service 

contracts and orders with an estimated 

total value above the simplified 

acquisition threshold. 

(ii) All fixed-price contracts awarded 

or orders issued according to the 

following thresholds: 

(A) Awarded or issued in Fiscal Year 

(FY) 2011, on or after [DATE] with an 

estimated total value of $5 million or 

greater. 

(B) Awarded or issued in FY 2012, 

with an estimated total value of $2.5 

million or greater. 

(C) Awarded or issued in FY 2013, 

with an estimated total value of $1 

million or greater. 

(D) Awarded or issued in FY 2014 and 

subsequent years, with an estimated 

total value of $500,000 or greater. 

(3) For all first-tier subcontractors 

performing work under a covered 

contract, subcontract reporting is 

required based on the thresholds as 

prescribed in paragraphs (a)(2)(i) and (ii) 

of this section. 

(b) Agency reporting responsibilities. 

(1) Agencies shall ensure that 

contractors comply with the reporting 

requirements of 52.204–XX, Service 

Contract Reporting Requirements. 

(2) Agencies are required to compile 

annually an inventory of service 

contracts performed for, or on behalf of, 

the agency during the prior fiscal year 

in order to determine the extent of the 

agency’s reliance on service contractors. 

Agencies shall submit a service contract 

inventory to OMB by December 30 

annually. Then, each agency must post 

the inventory on its Web site and 

publish a Federal Register Notice of 

Availability by January 30 annually. 

(3) Most of the required information is 

already collected in the Federal 

Procurement Data System (FPDS). 

Information not collected in FPDS will 

be provided by the contractor, as 

specified in 52.204–XX, Service 

Contract Reporting Requirements. 

Contracts reported using the generic 

DUNS number allowed at 4.605(b)(2) 

will interfere with the contractor’s 

ability to comply with this reporting 

requirement, because the data will not 

pre-populate from FPDS. 

4.1604 Contracting officer responsibilities. 

(a) The contracting officer shall 

ensure that the contract reporting clause 

is included in solicitations, contracts, 

and orders as prescribed in 4.1605 and 

that the contractor complies with the 

reporting requirements in 52.204–XX, 

Service Contract Reporting 

Requirements. For indefinite-delivery 

contracts, the contracting officer who 

awarded the contract shall ensure that 

52.204–XX, Service Contract Reporting 

Requirements, is included in the 

contract. The contracting officer at the 

order level shall verify the clause’s 

inclusion in the contract and ensure that 

each contractor awarded an order 

against the contract is submitting the 

report in a timely manner. 

(b) The contracting officer shall make 

the contractor’s failure to comply with 

the reporting requirements a part of the 

contractor’s performance information 

under subpart 42.15. 

4.1605 Contract clause. 

The contracting officer shall insert the 

clause at 52.204–XX, Service Contract 

Reporting Requirements, in solicitations 

and contracts for services that meet or 

exceed the thresholds at 4.1603. The 

contracting officer shall use the clause 

with its Alternate I in indefinitedelivery contracts where one or more 

orders issued thereunder are expected to 

each meet or exceed the thresholds at 

4.1603. This clause is not required in 

classified solicitations, contracts, or 

orders. 

PART 8—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

3. Amend section 8.404 by adding 

paragraph (f) to read as follows: 

8.404 Use of Federal Supply Schedules. 

* * * * * 

(f) Ensure that service contractor 

reporting requirements will be met in 

accordance with subpart 4.16, Service 

Contracts Inventory. 

PART 17—SPECIAL CONTRACTING 

METHODS 

4. Revise section 17.504 to read as 

follows: 

17.504 Reporting requirements. 

(a) The senior procurement executive 

for each executive agency shall submit 

to the Director of OMB an annual report 

on interagency acquisitions, as directed 

by OMB. 

(b) The contracting officer shall 

ensure that service contractor reporting 

requirements will be met in accordance 

with subpart 4.16, Service Contracts 

Inventory. 

PART 37—SERVICE CONTRACTING 

5. Amend 37.103 by adding paragraph 

(e) to read as follows: 

37.103 Contracting officer responsibility. 

* * * * * 

(e) Ensure that service contractor 

reporting requirements will be met in 

accordance with subpart 4.16, Service 

Contracts Inventory. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

6. Add section 52.204–XX to read as 

follows: 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
22074 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Proposed Rules 

52.204–XX Service Contract Reporting 

Requirements. 

As prescribed in 4.1605, insert the 

following clause: 

Service Contract Reporting 

Requirements (Date) 

(a) The Contractor shall report, in 

accordance with paragraph (b) of this section, 

annually by October 31st for services 

performed under this contract during the 

preceding Government fiscal year (October 

1–September 30). 

(b) The Contractor shall report the 

following information: 

(1) Contract number and, as applicable, 

order number. 

(2) The total dollar amount invoiced for 

services performed during the previous 

Government fiscal year under the contract. 

(3) The number of Contractor direct labor 

hours expended on the services performed 

during the previous Government fiscal year. 

(4) Data reported by subcontractors under 

paragraph (d) of this clause. 

(c) The information required in paragraph 

(b) of this section shall be submitted to the 

online Service Contract Reporting Portal and 

will be publicly available at http:// 

www.acquisition.gov. 

(d)(1) The Contractor shall require each 

first-tier subcontractor performing under this 

contract, with contracts valued at or above 

the thresholds set forth in 4.1603(a)(2), to 

provide the following detailed information to 

the Contractor by October 15th: 

(i) Subcontractor DUNS number, or if 

DUNS number is unavailable, subcontractor 

name. 

(ii) The number of first-tier subcontractor 

direct-labor hours expended on the services 

performed during the previous Government 

fiscal year. 

(2) The Contractor shall advise the 

subcontractor that the information will be 

made available to the public as required by 

section 743 of Division C of the Consolidated 

Appropriations Act, 2010. 

(End of clause) 

Alternate I (DATE). As prescribed in 

4.1605, substitute the following paragraphs 

(a), (b), and (d) for paragraphs (a), (b), and (d) 

of the basic clause. 

(a) The Contractor shall report, in 

accordance with paragraph (b) of this 

Alternate I, by October 31st annually for 

services performed during the preceding 

Government fiscal year (October 1– 

September 30) under this contract for orders 

that exceed the thresholds established in 

4.1603(a)(2). 

(b) The Contractor shall report the 

following information: 

(1) Contract number and, as applicable, 

order number. 

(2) The total dollar amount invoiced for 

services performed during the previous 

Government fiscal year under the order. 

(3) The number of Contractor direct labor 

hours expended on the services performed 

during the previous Government fiscal year. 

(4) Data reported by subcontractors under 

paragraph (d) of this clause. 

(d)(1) The Contractor shall require each 

first-tier subcontractor with contracts valued 

at or above the thresholds set forth in 

4.1603(a)(2) performing services under this 

contract to provide the following detailed 

information to the Contractor by October 

15th: 

(i) Subcontractor DUNS number, or if 

DUNS number is unavailable, subcontract 

name. 

(ii) The number of first-tier subcontractor 

direct-labor hours expended on the services 

performed during the previous Government 

fiscal year. 

(2) The Contractor shall advise the 

subcontractor that the information will be 

made available to the public as required by 

section 743 of Division C of the Consolidated 

Appropriations Act, 2010. 

[FR Doc. 2011–9515 Filed 4–19–11; 8:45 am] 

BILLING CODE 6820–EP–P 


jlentini on DSKJ8SOYB1PROD with PROPOSALS