51310 Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Rules and Regulations 

reported under the pilot program will 

not be disclosed to the public. 

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 

new paragraph (a)(6) to read as follows: 

12.503 Applicability of certain laws to 

Executive agency contracts for the 

acquisition of commercial services. 

(a) * * * 

(6) 31 U.S.C. 6101 note, Pub. 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 

(SEP 2007) 

(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 

www.esrs.gov for each subcontract award 

with a value greater than $1 million made 

during that quarter. (The Contractor shall 

follow the instructions at www.esrs.gov to 

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. 07–4336 Filed 9–5–07; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR—2007—002; Sequence 5] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–20; 

Small Entity Compliance Guide 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide. 

SUMMARY: This document is issued 

under the joint authority of the 

Secretary of Defense, the Administrator 

of General Services and the 

Administrator of the National 

Aeronautics and Space Administration. 

This Small Entity Compliance Guide 

has been prepared in accordance with 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. It consists of a summary of the 

rule appearing in Federal Acquisition 

Circular (FAC) 2005–20 which amends 

the FAR. An asterisk (*) next to a rule 

indicates that a regulatory flexibility 

analysis has been prepared. Interested 

parties may obtain further information 

regarding this rule by referring to FAC 

2005–20 which precedes this document. 

These documents are also available via 

the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Laurieann Duarte, FAR Secretariat, (202) 

501–4755. For clarification of content, 

contact the analyst whose name appears 

in the table below. 

RULE LISTED IN FAC 2005–20 

Subject FAR case Analyst 

Federal Funding Accountability and Transparency Act (FFATA) - Reporting Requirement of Subcontractor 

Award Data 

2006–029 Woodson. 

SUPPLEMENTARY INFORMATION: A 

summary of the FAR rule follows. For 

the actual revisions and/or amendments 

to this FAR case, refer to FAR Case 

2006–029. 

FAC 2005–20 amends the FAR as 

specified below: 

Federal Funding Accountability and 

Transparency Act (FFATA) - Reporting 

Requirement of Subcontractor Award 

Data (FAR Case 2006–029) 

This final rule amends 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. 

This final rule establishes a pilot 

program to test the collection and 

accession of subcontract award data. As 

a result, subcontracts awarded and 

funded with Federal appropriated funds 

will eventually be disclosed to the 

public in a single searchable website. 

However, information reported under 

the pilot program will not be disclosed 

to the public. 

mstockstill on PROD1PC66 with RULES2

Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Rules and Regulations 51311 

Dated: August 29, 2007. 

Al Matera, 

Director, Office of Acquisition Policy. 

[FR Doc. 07–4337 Filed 9–5–07; 8:45 am] 

BILLING CODE 6820–EP–S 

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