Nondisplacement of Qualified Workers Under Service Contracts

ICR 200904-1215-003

OMB: 1215-0190

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2010-03-08
IC Document Collections
IC ID
Document
Title
Status
38472
Modified
189009
New
ICR Details
1215-0190 200904-1215-003
Historical Inactive 200105-1215-004
DOL/ESA WHD (NPRM)
Nondisplacement of Qualified Workers Under Service Contracts
Reinstatement with change of a previously approved collection   No
Regular
Comment filed on proposed rule 04/09/2010
Retrieve Notice of Action (NOA) 03/19/2010
The information collection requirements associated with this proposed rule are not approved at this time. DOL will consider comments received in connection with the rule and will resubmit this request at the final rule stage.
  Inventory as of this Action Requested Previously Approved
36 Months From Approved
0 0 0
0 0 0
0 0 0

This information collection implements the requirements of Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts. The Excutive Order generally requires Federal service contracts and their solicitations to include a clause requiring the successor contractor, and its subcontractors, under a contract that succeeds a contract for performance of the same or similar services at the same location, to offer suitable employment (i.e., positions for which the employees are qualified) on the contract to those predecessor employees whose employment will be terminated as a result of the award of the successor contract.

EO: EO 13495 Name/Subject of EO: Nondisplacement of Qualified Workers Under Service Contracts
  
EO: EO 13495 Name/Subject of EO: Nondisplacement of Qualified Workers Under Service Contracts

1235-AA02 Proposed rulemaking 75 FR 13381 03/19/2010

No

2
IC Title Form No. Form Name
Complaints
Employment Offers

No
No
The DOL has proposed regulations to implement E.O. 13495. Those regulations will require the DOL to engage in collecting information in order to ensure workers receive the job offers required by the E.O. and document compliance. Burden totals from the prior clearance under OMB control number 1215-0190 (ICR Reference No. 200105-1215-004) were based on E.O. 12933 that covered only solicitations and building service contracts for public buildings. Burden totals reported in this submission are based on E.O. 13495, which covers all service contracts over $100,000, with few exceptions. Inflation accounts for higher hourly rates for workers. This information collection control number was discontinued in 2001, when the DOL withdrew the underlying regulations. See 66 Fed. Reg. 16126. Due to the fact that these actions predated the institution of the OMB Form 83-D ("Discontinuance Request"), the documentation submitted by the DOL to accomplish the discontinuance was an OMB Form 83-C (nonsubstantive change to a currently approved collection) and, therefore, the collection of information was allowed to expire. See ICR Reference No: 200105-1215-004. The ROCIS system now interprets the reinstatement of the ICR and the burden totals associated with the revised version of those regulations as a potential violation of the PRA. However, as noted herein above, the collection was intentionally allowed to expire.

$3,642
No
No
Uncollected
Uncollected
No
Uncollected
Michel Smyth 202 693-0638 smyth.michel@dol.gov

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
03/19/2010


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