“Nonprocurement Entities” Not Covered in this Notice
Apart from not addressing the obligations of prime contractors to report their contract and compensation data in this new FAR Council proposal, the new proposed requirement also does not address “nonprocurement entities” that accomplish so-called “nonprocurement transactions.” 31 CFR 19.970 (a) explains that the term “nonprocurement transaction” means “any transaction, regardless of type (except procurement contracts), including, but not limited to the following: (1) Grants,(2) Cooperative agreements, (3) Scholarships, (4) Fellowships, (5) Contracts of assistance, (6) Loans, (7) Loan guarantees, (8) Subsidies, (9) Insurances, (10) Payments for specified uses, and (11) Donation agreements.
A separate OMB Control Number – 3090-0292 – different from the OMB Control Number for “Procurement Entities” (the federal procurement agencies signing federal contracts), covers “nonprocurement entities” and their contracts supporting the above-referenced eleven “nonprocurement financial transactions.” Also, the federal agency sponsoring that non-procurement entity transaction reporting requirement is the General Services Administration (not the FAR Council).
OMB has approved and renewed its approval of the reporting requirements for non-procurement entities since July 29, 2010. The most recent approval under OMB Control Number 3090-0292 expires on June 30, 2024. The FAR Council’s most recent Supporting Statement on the information collection under Control Number 3090-0292 – dated December 29, 2020, and available for download here – explains that it covers the eleven (11) types of federal nonprocurement financial transactions listed above.