FAR 4.1403—Contract clause.
Plain-English Summary
FAR 4.1403 tells contracting officers when they must include the clause at 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards, in solicitations and contracts. The section covers two main topics: the general rule that the clause must be inserted in all solicitations and contracts valued at $40,000 or more, and the exception for awards that are not required to be reported in the Federal Procurement Data System (FPDS) under subpart 4.6. In practice, this means the clause is tied to both dollar threshold and FPDS reporting applicability, so the contracting officer must check not just the contract value but also whether the action is reportable in FPDS. The purpose is to ensure the Government can collect and publish executive compensation and first-tier subcontract award information for covered procurements. For contractors, this clause creates reporting obligations and compliance risk; for contracting officers, it is a mandatory solicitation/contract clause decision that must be made correctly at award time.
Key Rules
Insert clause at $40,000
The contracting officer must include 52.204-10 in all solicitations and contracts valued at $40,000 or more, unless the exception in paragraph (b) applies. This is a mandatory prescription, not a discretionary one.
FPDS-reportable actions only
The clause is not prescribed for contracts that are not required to be reported in FPDS under subpart 4.6. If the action is outside FPDS reporting requirements, the clause does not apply even if the dollar value meets the threshold.
Threshold and reporting must both be checked
The rule is not based on dollar value alone. The contracting officer must determine both whether the action is at or above $40,000 and whether it is a reportable procurement action in FPDS.
Applies to solicitations and contracts
The clause must be inserted in both solicitations and resulting contracts, meaning the requirement should be addressed before award and carried into the final contract document.
Responsibilities
Contracting Officer
Determine whether the procurement is valued at $40,000 or more and whether it is required to be reported in FPDS. Insert clause 52.204-10 in all covered solicitations and contracts, and omit it only when the FPDS-reporting exception applies.
Agency
Ensure acquisition personnel understand the clause prescription and apply FPDS reporting rules consistently so the clause is used only when required and omitted when not prescribed.
Contractor
Comply with the reporting obligations that flow from clause 52.204-10 when it is included in the contract, including any required executive compensation and first-tier subcontract award reporting.
Practical Implications
This is a common clause-inclusion check at award: if the contract is $40,000 or more and reportable in FPDS, the clause belongs in the solicitation and contract.
A frequent mistake is looking only at the dollar threshold and forgetting the FPDS-reporting exception; some actions above $40,000 still do not require the clause if they are not FPDS-reportable.
Contracting officers should verify the reporting status early, because omitting a required clause can create compliance and administration problems after award.
Contractors should treat inclusion of 52.204-10 as a signal that executive compensation and first-tier subcontract award reporting requirements may apply and should be planned for during performance.
Because the rule is tied to FPDS reporting, acquisition teams should coordinate clause selection with the same analysis used for FPDS data entry and award reporting.
Official Regulatory Text
(a) Except as provided in paragraph (b) of this section, the contracting officer shall insert the clause at 52.204-10 , Reporting Executive Compensation and First-Tier Subcontract Awards, in all solicitations and contracts of $40,000 or more. (b) The clause is not prescribed for contracts that are not required to be reported in the Federal Procurement Data System (FPDS) (see subpart 4.6 ).