9000-0114-Justification

JUSTIFICATION FOR 9000-0114
RIGHT OF FIRST REFUSAL OF EMPLOYMENT

A.

Justification.

1. Administrative requirements. Right of First Refusal of
Employment is a regulation that establishes policy regarding
adversely affected or separated Government employees resulting
from the conversion from in-house performance to performance by
contract. The policy enables these employees to have an
opportunity to work for the contractor who is awarded the
contract.
2. Uses of information. The information gathered is used by the
Government to gain knowledge of which employees, adversely
affected or separated as a result of the contract award, have
gained employment with the contractor within 90 days after
contract performance begins.
3. Consideration of information technology. We use improved
information technology to the maximum extent practicable. FAR
clause 52.207-3 requires contractors to report to the contracting
officer the names of individuals identified on the list who are
hired within 90 days after contract performance begins. This
report may be transmitted either electronically or by “paper”
mail to the respective contracting officer within 120 days after
contract performance begins. It is in the contractor’s
discretion to submit the list via electronic methods or paper.
4. Efforts to identify duplication. This requirement is being
issued under the Federal Acquisition Regulation (FAR) that has
been developed to standardize Federal procurement practices and
eliminate unnecessary duplication.
5. If the collection of information impacts small businesses or
other entities, describe methods used to minimize burden. The
burden applied to small businesses is the minimum consistent with
applicable laws, Executive orders, regulations, and prudent
business practices.
6. Describe consequence to Federal program or policy activities
if the collection is not conducted or is conducted less
frequently. Similar information is not already available to the
contracting officer or buyer.

7. Special circumstances for collection. Collection of
information on a basis other than solicitation-by-solicitation is
not practical. Collection is consistent with guidelines in 5 CFR
1320.6.
8. Efforts to consult with persons outside the agency. Under
the procedures established for development of the FAR, agency and
public comments were solicited and each comment addressed before
finalization of the text. A notice in the July 5, 2006, Federal
Register made this requirement available to the public and
requested comments.
9. Explanation of any decision to provide any payment or gift to
respondents, other than re-enumeration of contractors or
guarantees. Not applicable.
10. Describe assurance of confidentiality provided to
respondents. This information is disclosed only to the extent
consistent with prudent business practices and current
regulations.
11. Additional justification for questions of a sensitive
nature. No sensitive questions are involved.
12 & 13. Estimated total annual public hour and cost burden.
Time required to read and prepare information is estimated at 3
hours per completion. The government does not have information
system which monitors and tracks A-76 procurements. Therefore,
the impact of how this clause affects contractors is not known.
The estimate is truly a guesstimate and is based on previous OMB
clearance data with an inflation of approximately 15% added each
year since 2000 (the date the last clearance was approved).
Thereby, increasing from 130 (in 2000) to 200 (in 2003).
Annual Reporting Burden
Estimated respondents/yr.............................
Responses annually...................................
Total annual responses...............................
Estimated hrs/response...............................
Estimated total burden/hrs...........................

200
x 1
200
x 3
600

Annual Recordkeeping Burden
Number of recordkeepers................................
Annual hours per recordkeeper..........................
Total recordkeeping burden hours.......................

2

170
x .5
85

Annual Cost to the Public
Total response and record-keeping burden hours.........
Average wages(11/10)+overhead ($30/hr + 75% OH)........
Total cost to the public...............................

685
x $52
$35,652

14. Estimated Cost to the Government. Time required for
Government-wide review is estimated at .5 hours per response.
Annual Reviewing Burden and Cost
Total annual responses...............................
Review time per response.............................
Total burden hours...................................
Average wages(11/10) + overhead ($30/hr + 100% OH)...
Total Government cost................................

200
x .5
100
x $60
$6000

15. Explain reasons for program changes or adjustments reported
in Item 13 and 14. This submission requests an extension of OMB
approval of an information collection requirement in the FAR.
The information collection requirement in the FAR increased due
to expected anticipation that the Government’s A-76 procurement
will increase because of the OMB mandated Government-wide
Sourcing Goals.
16. Outline plans for published results of information
collections. Results will not be tabulated or published.
17.

Approval not to display expiration date.

Not applicable.

18.
Explanation of exception to certification statement.
applicable.
B.

Not

Collection of Information Employing Statistical Methods.

Statistical methods are not used in this information collection.

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