Fair Pay and Safe Workplaces Contractor Preassessment

Forms and Documents

Document Name	Status
Form DL1-7013 Fair Pay and Safe Workplaces Contractor Preassessment Form	Modified
Justification for No Material Change.docx Justification for No Material/Nonsubstantive Change	2016-09-09
Emergency Clearance Memo_FPSW EO_signed20160816.pdf Supplementary Document	2016-08-25
1225-0NEWSSA20160824.docx Supporting Statement A	2016-08-25

IC Document Collections

IC ID	Document Title	Status
223186	Fair Pay and Safe Workplaces Contractor Preassessment Form	Modified

ICR Details

OMB Control No: 1225-0091	ICR Reference No: 201609-1225-001
Status: Historical Inactive	Previous ICR Reference No: 201608-1225-004
Agency/Subagency: DOL/DM	Agency Tracking No:
Title: Fair Pay and Safe Workplaces Contractor Preassessment
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/09/2016
OIRA Conclusion Action: Withdrawn and continue	Conclusion Date: 09/12/2016
	Date Received in OIRA: 09/09/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2017	02/28/2017	02/28/2017
Responses	1,172	0	1,172
Time Burden (Hours)	6,440	0	6,440
Cost Burden (Dollars)	0	0	0

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Abstract: The Fair Pay and Safe Workplaces Executive Order (E.O. 13673) was signed by President Barack Obama on July 31, 2014, to increase efficiency and cost savings in the work performed by parties who contract with the Federal Government by ensuring that they understand and comply with labor laws. As part of the E.O. implementation scheme, current and prospective Federal contractors will be able to participate in a Preassessment Program wherein they disclose their labor law history to the Department of Labor independent of a contract award solicitation.

Emergency Justfication: The Agency has determined the collection of information is needed prior to the expiration of the time periods established by the PRA. The collection is essential to the mission of the Agency, and the Agency cannot reasonably comply with normal PRA clearance procedures because public harm is reasonably likely to result if normal clearance procedures are followed. Our analysis is as follows. Regular Clearance Procedures Not Feasible in this Situation The FAR Rule and DOL Guidance, which direct the Fair Pay and Safe Workplaces E.O. implementation, are being published in the Federal Register on or about August 25, 2016, and Preassessment would begin on September 12, 2016. Given the publication timeline, DOL could not use the regular clearance procedures. DOL OASAM requests OMB approval for emergency clearance to remove the requirement for a public comment period, and to approve DOL OASAM’s request by September 9, 2016. The Agency will seek public comment once the collection is in place in anticipation of extending the approval for the information collection. Collection Essential to Agency’s Mission With its mission to, “foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights,” DOL was specifically named as the lead implementing agency for the Fair Pay and Safe Workplaces E.O. Providing prospective contractors the opportunity to receive advice from DOL on labor law history violations and compliance, as well as methods proactively to remediate issues independent of a specific acquisition is a central principle to the E.O. and the FAR Rule and DOL Guidance. Approving an emergency clearance will allow DOL OASAM to fulfill its mission, as well as fulfill all responsibilities dictated in the Fair Pay and Safe Workplaces E.O. Public Harm Without the Preassessment Form, current and prospective government contractors will not feasibly be able to request a review of their labor law compliance history independent of a solicitation. The Preassessment program was developed to benefit contractors and help keep them competitive and compliant with the law. Participation in Preassessment is at the option of the contractor and enables prospective contractors to develop a labor compliance agreement and start taking steps to mitigate issues before there is a specific acquisition, as well as use the Preassessment outcome and/or labor compliance agreement as a mitigating factor in future acquisitions. In addition, if a contractor that has been assessed by DOL subsequently submits a contract bid, and the contracting officer initiates a responsibility determination for the contractor, the contracting officer and the ALCA may rely on the DOL assessment that the contractor has a satisfactory record of labor law compliance unless additional labor law decisions have been disclosed. Without approval of this collection, a prospective contractor may be less competitive. Finally, DOL strongly believes that agreements reached under the Preassessment Program can be an important tool in ensuring that workers on covered Federal contracts will receive the worker protections to which they are entitled by law.

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Authorizing Statute(s): EO: EO 13673 Name/Subject of EO: The Fair Pay and Safe Workplaces Executive Order
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Fair Pay and Safe Workplaces Contractor Preassessment	DL1-7013, DL1-7013A	Submission Request for Preassessment, Fair Pay and Safe Workplaces ,   Submission Request for Preassessment, Fair Pay and Safe Workplaces, Part A

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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:

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Annual Cost to Federal Government: $245,850

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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: 09/09/2016

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