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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: May 14, 2004

SUBJECT: Office of Federal Procurement Policy (OFPP); Determination of Executive Compensation Benchmark Amount

SOURCE: Federal Register, May 14, 2004, Vol. 69, No. 94, page 26897

AGENCIES: Office of Management and Budget (OMB), OFPP

ACTION: Notice

SYNOPSIS: OMB Director Joshua B. Bolten has established $432,851 as the "benchmark compensation amount" that will be allowable under government contracts during contractors' fiscal year 2004, and applies to contract costs incurred after January 1, 2004. This determination is required by Section 808 of the Fiscal Year (FY) 1998 Defense Authorization Act (Public Law 105-85), and it applies to both defense and civilian procurement agencies.

EDITOR'S NOTE: Paragraph (p) of Federal Acquisition Regulation (FAR) 31.205-6, Compensation for Personal Services, implements Section 808 of the FY98 Defense Authorization Act.

For more on the FY 2003 benchmark compensation amount, see the May 2, 2003, FEDERAL CONTRACTS DISPATCH "Office of Federal Procurement Policy (OFPP); Determination of Executive Compensation Benchmark Amount."

For more on the FY 2002 benchmark compensation amount, see the May 6, 2002, FEDERAL CONTRACTS DISPATCH "Office of Federal Procurement Policy (OFPP); Determination of Executive Compensation Benchmark Amount."

For more on the FY 2001 benchmark compensation amount, see the May 3, 2001, FEDERAL CONTRACTS DISPATCH "Office of Federal Procurement Policy (OFPP); Determination of Executive Compensation Benchmark Amount."

For more on the FY 2000 benchmark compensation amount, see the May 12, 2000, FEDERAL CONTRACTS DISPATCH "Office of Federal Procurement Policy (OFPP); Determination of Executive Compensation Benchmark Amount."

EFFECTIVE DATE: January 1, 2004.

FOR FURTHER INFORMATION CONTACT: Rein Abel, OFPP, 202-395-3254.

SUPPLEMENTAL INFORMATION: Section 808 of the FY98 Defense Authorization Act limits the amount of executive compensation that is allowable under government contracts to the "benchmark compensation amount determined applicable for the fiscal year by the Administrator for Federal Procurement Policy..." The "benchmark compensation amount" is defined as "the median amount of the compensation provided for all senior executives of all benchmark corporations for the most recent year for which data is available," and it applies to the compensation of the "five most highly compensated employees in management positions at each home office and each segment of the contractor." The $405,273 "benchmark compensation amount" is not a limit on the compensation contractors may compensate their senior executives, but the maximum amount of compensation the government will reimburse contractors for their senior executives' compensation. (EDITOR'S NOTE: "Compensation" is defined as "the total mount of wages, salary, bonuses and deferred compensation for the year, whether paid, earned, or otherwise accruing, as recorded in the employer's cost accounting records for the year". A "benchmark corporation" is defined as "a publicly-owned United States corporation that has annual sales in excess of $50,000,000 for the fiscal year.")

The $432,851 figure is a $27,578 increase from the FY03 compensation benchmark amount of $405,273. The figure was derived "based on a review of commercially available surveys of executive compensation and after consultation with the Director of the Defense Contract Audit Agency," and it applies governmentwide to compensation incurred after January 1, 2004.

The FY02 compensation benchmark amount was $387,783; the FY01 compensation benchmark was $374,288; the FY00 compensation benchmark was $353,010; the FY99 compensation benchmark amount was $342,986; and the FY98 compensation benchmark amount was $340,650.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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