Nondisplacement of Qualified Workers Under Service Contracts

Forms and Documents

Document Name	Status
1215-0190ss(03-08-2010).doc Supporting Statement A	2010-03-08

IC Document Collections

IC ID	Document Title	Status
38472	Employment Offers	Modified
189009	Complaints	New

ICR Details

OMB Control No: 1215-0190	ICR Reference No: 200904-1215-003
Status: Historical Inactive	Previous ICR Reference No: 200105-1215-004
Agency/Subagency: DOL/ESA	Agency Tracking No: WHD (NPRM)
Title: Nondisplacement of Qualified Workers Under Service Contracts
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 04/09/2010
	Date Received in OIRA: 03/19/2010
Terms of Clearance: 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
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: 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.

---

Authorizing Statute(s): EO: EO 13495 Name/Subject of EO: Nondisplacement of Qualified Workers Under Service Contracts
  

Citations for New Statutory Requirements: EO: EO 13495 Name/Subject of EO: Nondisplacement of Qualified Workers Under Service Contracts

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1235-AA02	Proposed rulemaking	75 FR 13381	03/19/2010

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Complaints
Employment Offers

---

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

---

Annual Cost to Federal Government: $3,642

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 03/19/2010

---