Reporting Requirements

On March 31, 2009 the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule that would implement section 1512 of Division A of the American Recovery and Reinvestment Act (ARRA) of 2009, which requires contractors to report on their use of ARRA funds. The interim rule provides the following:

• Requires contractors to report on their use of Recovery Act funds – to include jobs created by the funds, jobs retained by the funds, and the total compensation of the top five most highly compensated individuals employed by the contractor and first-tier subcontractors
• Contracting officers must include the new clause in solicitations and contracts funded in whole or in part with Recovery Act funds, except classified solicitations and contracts. This clause applies to Commercial item contracts and Commercially-Available-Off-The-Shelf (COTS) item contracts as well as actions under the Simplified Acquisition Threshold.
• Contracting officers who wish to use Recovery Act funds on existing contracts should modify those contracts to add the clause.
• Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

AGC Comments - Interim Rule FAR Case 2009009 - Reporting Requirements

• On June 1, 2009 the Associated General Contractors of America submitted comments on FAR Case 2009-009.