Nondisplacement of Qualified Workers Under Service Contracts

Forms and Documents

Document Name	Status
empsit FEB2023.pdf Supplementary Document	2023-11-18
Supporting Statement 1235-0033 v3 (2023-11-21)_MN.docx Supporting Statement A	2023-11-21

IC Document Collections

IC ID	Document Title	Status
263446	Record of Notice of Absence of Contract Clause to CA	New
263445	Record of Notice of Possible Right to Employment	New
263444	Record of Location Continuity Notice	New
263443	Records of Agency Exception Notice	New
263442	Record of Disclosure of Certified List to Employees	New
263441	Records of Certified List	New
263440	Records of Exceptions Related to Offers	New
263438	Records of Job Offers after discontinuation of subcontract	New
263437	Input from worker representatives regarding location continuity analyssi	New
263436	Notice of Absence of Contract Clause to Contracting Agency	New
263435	Notice of Possible Right to employment	New
263432	10-day certified list	New
263431	30-day Certified lists of Employees	New
263427	Offer required upon discontinuation of subcontractor services	New
260711	Contract Clause Flow Down	New
260710	Notice regarding location continuity input to CA	New
259635	Records of Job Offers	New
253293	Notices regarding agency exceptions	Modified
253172	Disclosure of Certified List to Employees	Modified
253171	Express Offer of Employment by Successor Contractor	Modified

ICR Details

OMB Control No: 1235-0033	ICR Reference No: 202209-1235-001
Status: Received in OIRA	Previous ICR Reference No: 202204-1235-003
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Nondisplacement of Qualified Workers Under Service Contracts
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/14/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	3,042,829	0
Time Burden (Hours)	205,332	0
Cost Burden (Dollars)	0	0

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Abstract: On November 18, 2021, President Biden signed Executive Order 14055 which requires federal service contracts, subcontracts and their solicitations to include a clause requiring a successor contractor and its subcontractors to offer suitable employment on the contract to those predecessor employees whose employment will be terminated as a result of the award of a successor contract.

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Authorizing Statute(s): EO: EO 14055 Name/Subject of EO: Nondisplacement of Qualified Workers Under Service Contracts
  

Citations for New Statutory Requirements: EO: EO 14055 Name/Subject of EO: Nondisplacement of Qualified Workers Under Service Contracts

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1235-AA42	Final or interim final rulemaking	88 FR 86736	12/14/2023

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 42552	07/15/2022
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 20

IC Title	Form No.	Form Name
10-day certified list
30-day Certified lists of Employees
Contract Clause Flow Down
Disclosure of Certified List to Employees
Express Offer of Employment by Successor Contractor
Input from worker representatives regarding location continuity analyssi
Notice of Absence of Contract Clause to Contracting Agency
Notice of Possible Right to employment
Notice regarding location continuity input to CA
Notices regarding agency exceptions
Offer required upon discontinuation of subcontractor services
Record of Disclosure of Certified List to Employees
Record of Location Continuity Notice
Record of Notice of Absence of Contract Clause to CA
Record of Notice of Possible Right to Employment
Records of Agency Exception Notice
Records of Certified List
Records of Exceptions Related to Offers
Records of Job Offers
Records of Job Offers after discontinuation of subcontract

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,042,829	0	0	0	3,042,829	0
Annual Time Burden (Hours)	205,332	0	0	0	205,332	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: This is a new Executive Order and new regulations implementing the Executive Order.

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 12/14/2023

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