FAR Case 2006-029, Federal Funding Accountability and Transparency Act (FFATA) - - Reporting Requirement of Subcontractor Award Data (Comment #2)

RE: Comments on FAR Case 2006-029; the Federal Funding Accountability and
Transparency Act of 2006. This law, P.L. 109-282, requires a pilot program be
established to test the collection and accession of subcontract award data.
Eventually, subcontracts awarded and funded with Federal appropriated dollars
will be disclosed to the public in a single, searchable website.

Comments by Norma Alberts of GLDD:
I fail to see the advantage or reasoning of this proposed law. The passing of
this law would create a burden and requirement on Federal Contractors to report
every purchase of $25,000 or more to be entered into a Public Database.
As well as being a burdensome requirement on a Contractor, this would be giving
out information to competitors and general public on a Company?s everyday
purchases and policies.
The eSRS (Electronic Subcontracting Reporting System) is more than sufficient
to police Government Contracts, Subcontracts and other purchases by the proper
authorities.
This seems to defeat the meaning behind having a Subcontracting Plan that is
acceptable by the SBA and overseen and monitored by governing Agencies such
as, DOD (Department of Defense) and SBA.
Purchases such as these fall under the Contract Reporting in SF294s, SF295s.
Deputies for Small Business and Contracting Officers monitor the ?Good Faith
Efforts? of Contractors on these Subcontracting Plans.
Having a searchable website for public access should be in place if there is no
governing authority to oversee organization?s that deal with federal funds.
If there is a Government Agency in place to monitor a Contractor?s performance
they should not have to also report to the public.
Purchases from contractors pertaining to Federal Contracts have to do with MPO
(Maximum Practicable Opportunity) for all types of Small Business Firms to
participate in performance of contracts awarded by any federal agency. That is
why there is a Subcontracting Plan and policy of the Untied States that all
Small Business concerns have MPO.
Contractors who are striving to make a ?Good Faith Effort? would have this to
be concerned about as well as staying in compliance with the Federal Agencies
but also being scrutinized by the Public and their competitors.
Also the fact that this rule has a warning ?The government does not guarantee
the reliability of the data reported. The government has no mechanism to verify
the data submitted.? makes it sound like it is a law but the government doesn?t
stand behind it.
Norma Alberts