Fair Pay Safe Workplaces Contractor Preassessment

ICR 201609-1225-002

OMB: 1225-0091

Federal Form Document

Forms and Documents
Document
Name
Status
Form and Instruction
Modified
Justification for No Material/Nonsubstantive Change
2016-09-16
Supplementary Document
2016-08-25
Supporting Statement A
2016-08-25
IC Document Collections
ICR Details
1225-0091 201609-1225-002
Historical Active 201608-1225-004
DOL/DM
Fair Pay Safe Workplaces Contractor Preassessment
No material or nonsubstantive change to a currently approved collection   No
Emergency 09/09/2016
Approved without change 10/13/2016
Retrieve Notice of Action (NOA) 09/16/2016
  Inventory as of this Action Requested Previously Approved
02/28/2017 02/28/2017 02/28/2017
1,172 0 1,172
6,440 0 6,440
0 0 0

This information collection allows current and prospective Federal contractors to participate in a Preassessment Program wherein they disclose their labor law history to the Department of Labor independent of a contract award solicitation.
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.

EO: EO 13673 Name/Subject of EO: The Fair Pay and Safe Workplaces Executive Order
  
None

Not associated with rulemaking

No

  Total Approved 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 1,172 1,172 0 0 0 0
Annual Time Burden (Hours) 6,440 6,440 0 0 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
This is a new information collection.

$245,850
No
No
No
No
No
Uncollected
Michel Smyth 202 693-0638 [email protected]

  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.
09/16/2016


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