Society for Human Resource Management
Need for more pay data from federal contractors is questioned
10/14/2011
The Society for Human Resource Management (SHRM) filed comments with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) on Oct. 11, 2011, regarding the agency's proposal to create a new compensation data collection tool for identifying potential compensation discrimination by federal contractors. The proposal was published in the Aug. 10, 2011, issue of the Federal Register.
According to the OFCCP, possible uses for the collected data include generating insight into potential problems of compensation discrimination by federal contractors and subcontractors that warrant further review or evaluation by OFCCP or a contractor self-audit.
Full Commentary: http://www.shrm.org/hrdisciplines/compensation/Articles/Pages/ContractorsCompData.aspx
Showing posts with label comments. Show all posts
Showing posts with label comments. Show all posts
Tuesday, October 25, 2011
Proposed Contractor Compensation Data Collection Tool Will Enhance Accountability and Transparency
The following is a letter to the Department of Labor's OFCCP in support of it's proposed Data Collection Tool
POGO - Project on Government Oversight
October 11, 2011
Debra A. Carr, DirectorDivision of Policy, Planning, and Program DevelopmentOffice of Federal Contract Compliance ProgramsRoom C-3325200 Constitution Avenue, NWWashington, DC 20210
Submitted via Regulations.gov
Subject: RIN 1250-AA03
Dear Ms. Carr:
The Project On Government Oversight (POGO) provides the following public comment to RIN 1250-AA03, “Non-Discrimination in Compensation; Compensation Data Collection Tool,” (76 Fed. Reg. 49398, August 10, 2011). The Office of Federal Contract Compliance Programs (OFCCP) seeks input on a proposal to develop and implement a tool to collect compensation data from federal supply and service contractors and subcontractors.
As an independent nonprofit organization committed to achieving a more accountable and transparent federal government, POGO has a keen interest in federal contracting matters. POGO supports the creation of this compensation data collection tool. It will improve OFCCP’s ability to identify, and ultimately eliminate, discriminatory pay practices by federal contractors, which may improve overall performance of the government’s contractor workforce. It will also help the government keep better track of the contractor workforce.
More Responsible Contractors, Higher Quality Goods and Services
The award of contracts is predicated on the basic principle of responsibility, which, according to the Federal Acquisition Regulation (FAR), includes “a satisfactory record of integrity and business ethics.”[1] POGO believes that a contractor’s labor practices, including its employee compensation practices, constitute a large part of its record of integrity and business ethics. The proposed compensation data collection tool will improve the government’s ability to determine companies’ responsibility, which in turn will lead to better contracting decisions and help the agencies achieve their missions.
Recent studies have confirmed that contractors’ labor practices–how they treat their employees in terms of compensation and workplace conditions–directly affect the quality of goods and services they deliver to their government customers.[2] Unfortunately, contractors with checkered or questionable labor practice track records still make up a substantial segment of the government’s vendor list. For example, POGO’s Federal Contractor Misconduct Database (www.contractormisconduct.org), which tracks the misconduct records of the largest federal contractors, shows that the government awards billions of taxpayer dollars to companies with multiple instances of gender, race, religion, ethnicity, and disability-based discrimination resulting in millions of dollars in fines, penalties, and legal settlements.
The federal government is starting to accept that a direct correlation exists between a contractor’s labor practices and the overall quality of its goods and services. As a result, there is movement toward placing greater emphasis on criteria such as a company’s compensation practices when making responsibility determinations.
A More Accurate Picture of the Size and Cost of the Contractor Workforce
OFCCP’s proposed data collection tool also has the potential for enabling the government to better monitor and assess the size of its “shadow” contractor workforce, as well as the savings or excessive costs resulting from reliance upon contractors. Currently, the federal government does not keep timely and accurate statistics about its contractor workforce: the number of employees, the race/ethnicity/gender make-up of the workforce, and the wages and benefits contractors pay their workers. This leaves the government unable to assess whether using contractors saves money and helps agencies achieve their missions.
POGO suggests that the new tool be designed and utilized to facilitate specific public/private sourcing decisions as well as to facilitate cost effectiveness analyses of program and agency contracting practices.
Specifically, POGO makes the following recommendations:
1. Design two sets of questions, one crafted for small business contractors, the other for larger contractors. Much of the proposed data would not be cost-beneficial as applied to small business contractors. The tool should apply to all federal contractors – supply and service contractors, as well as construction contractors. Data should be collected periodically to establish accurate trend lines on the size and cost of the government’s contractor workforce. 2. Design the tool to require contractors to provide contract-specific information as well as company-wide data, thereby facilitating more valid and reliable public/private cost comparisons.3. Design the tool to require contractors to provide data not only for themselves but also for all tiers of subcontractors providing services under each specific contract. 4. Regarding which job classification system to adopt, OPM’s General Schedule Classification System is preferable because it permits the best match for comparing contractor compensation with federal employee compensation. If OFCCP adopts the Bureau of Labor Statistics’ Standard Occupational Classification (SOC) system, it should upgrade and update OPM’s crosswalk between the GS and SOC job classifications.5. Because there are significant variances in the range of compensation within any job classification, POGO recommends adopting a method for stratifying levels of compensation within each job classification, similar to OPM’s stratification system. In addition, this breakdown should be contract specific to allow for valid and reliable public/private cost comparisons.6. There is value in collecting data on both an establishment basis as well as a nationwide basis, as costs and practices vary in different markets and locales.7. Companies bidding on federal contracts should be required to submit compensation data as part of the request for proposal process. This is most critical to an agency’s ability to make fair and reasonable cost comparisons that should inform their sourcing decisions.8. OFCCP should require contractors to submit data electronically. These submissions should also be made available to the public in a format that fully describes and explains the data. This will allow the public to monitor whether the government is effectively analyzing the data.9. OFCCP should confer with other federal agencies (for example, the Office of Personnel Management, the Office of Federal Procurement Policy, the Bureau of Labor Statistics, and the Office of Management and Budget) to ensure that this data collection tool is achieving its goals without imposing unnecessary duplication.
ConclusionThe proposed compensation data collection tool would greatly enhance government transparency and accountability. Past experience with a similar initiative, the OFCCP’s 2000 Equal Opportunity Survey, strongly suggests that this tool could provide valuable information with minimal burden on contractors.
Thank you for your consideration of these comments.
Sincerely,
Neil Gordon Investigator ngordon@pogo.org
http://www.pogo.org/pogo-files/letters/contract-oversight/co-ca-20111011.html
POGO - Project on Government Oversight
October 11, 2011
Debra A. Carr, DirectorDivision of Policy, Planning, and Program DevelopmentOffice of Federal Contract Compliance ProgramsRoom C-3325200 Constitution Avenue, NWWashington, DC 20210
Submitted via Regulations.gov
Subject: RIN 1250-AA03
Dear Ms. Carr:
The Project On Government Oversight (POGO) provides the following public comment to RIN 1250-AA03, “Non-Discrimination in Compensation; Compensation Data Collection Tool,” (76 Fed. Reg. 49398, August 10, 2011). The Office of Federal Contract Compliance Programs (OFCCP) seeks input on a proposal to develop and implement a tool to collect compensation data from federal supply and service contractors and subcontractors.
As an independent nonprofit organization committed to achieving a more accountable and transparent federal government, POGO has a keen interest in federal contracting matters. POGO supports the creation of this compensation data collection tool. It will improve OFCCP’s ability to identify, and ultimately eliminate, discriminatory pay practices by federal contractors, which may improve overall performance of the government’s contractor workforce. It will also help the government keep better track of the contractor workforce.
More Responsible Contractors, Higher Quality Goods and Services
The award of contracts is predicated on the basic principle of responsibility, which, according to the Federal Acquisition Regulation (FAR), includes “a satisfactory record of integrity and business ethics.”[1] POGO believes that a contractor’s labor practices, including its employee compensation practices, constitute a large part of its record of integrity and business ethics. The proposed compensation data collection tool will improve the government’s ability to determine companies’ responsibility, which in turn will lead to better contracting decisions and help the agencies achieve their missions.
Recent studies have confirmed that contractors’ labor practices–how they treat their employees in terms of compensation and workplace conditions–directly affect the quality of goods and services they deliver to their government customers.[2] Unfortunately, contractors with checkered or questionable labor practice track records still make up a substantial segment of the government’s vendor list. For example, POGO’s Federal Contractor Misconduct Database (www.contractormisconduct.org), which tracks the misconduct records of the largest federal contractors, shows that the government awards billions of taxpayer dollars to companies with multiple instances of gender, race, religion, ethnicity, and disability-based discrimination resulting in millions of dollars in fines, penalties, and legal settlements.
The federal government is starting to accept that a direct correlation exists between a contractor’s labor practices and the overall quality of its goods and services. As a result, there is movement toward placing greater emphasis on criteria such as a company’s compensation practices when making responsibility determinations.
A More Accurate Picture of the Size and Cost of the Contractor Workforce
OFCCP’s proposed data collection tool also has the potential for enabling the government to better monitor and assess the size of its “shadow” contractor workforce, as well as the savings or excessive costs resulting from reliance upon contractors. Currently, the federal government does not keep timely and accurate statistics about its contractor workforce: the number of employees, the race/ethnicity/gender make-up of the workforce, and the wages and benefits contractors pay their workers. This leaves the government unable to assess whether using contractors saves money and helps agencies achieve their missions.
POGO suggests that the new tool be designed and utilized to facilitate specific public/private sourcing decisions as well as to facilitate cost effectiveness analyses of program and agency contracting practices.
Specifically, POGO makes the following recommendations:
1. Design two sets of questions, one crafted for small business contractors, the other for larger contractors. Much of the proposed data would not be cost-beneficial as applied to small business contractors. The tool should apply to all federal contractors – supply and service contractors, as well as construction contractors. Data should be collected periodically to establish accurate trend lines on the size and cost of the government’s contractor workforce. 2. Design the tool to require contractors to provide contract-specific information as well as company-wide data, thereby facilitating more valid and reliable public/private cost comparisons.3. Design the tool to require contractors to provide data not only for themselves but also for all tiers of subcontractors providing services under each specific contract. 4. Regarding which job classification system to adopt, OPM’s General Schedule Classification System is preferable because it permits the best match for comparing contractor compensation with federal employee compensation. If OFCCP adopts the Bureau of Labor Statistics’ Standard Occupational Classification (SOC) system, it should upgrade and update OPM’s crosswalk between the GS and SOC job classifications.5. Because there are significant variances in the range of compensation within any job classification, POGO recommends adopting a method for stratifying levels of compensation within each job classification, similar to OPM’s stratification system. In addition, this breakdown should be contract specific to allow for valid and reliable public/private cost comparisons.6. There is value in collecting data on both an establishment basis as well as a nationwide basis, as costs and practices vary in different markets and locales.7. Companies bidding on federal contracts should be required to submit compensation data as part of the request for proposal process. This is most critical to an agency’s ability to make fair and reasonable cost comparisons that should inform their sourcing decisions.8. OFCCP should require contractors to submit data electronically. These submissions should also be made available to the public in a format that fully describes and explains the data. This will allow the public to monitor whether the government is effectively analyzing the data.9. OFCCP should confer with other federal agencies (for example, the Office of Personnel Management, the Office of Federal Procurement Policy, the Bureau of Labor Statistics, and the Office of Management and Budget) to ensure that this data collection tool is achieving its goals without imposing unnecessary duplication.
ConclusionThe proposed compensation data collection tool would greatly enhance government transparency and accountability. Past experience with a similar initiative, the OFCCP’s 2000 Equal Opportunity Survey, strongly suggests that this tool could provide valuable information with minimal burden on contractors.
Thank you for your consideration of these comments.
Sincerely,
Neil Gordon Investigator ngordon@pogo.org
http://www.pogo.org/pogo-files/letters/contract-oversight/co-ca-20111011.html
Tuesday, March 22, 2011
US Labor Department launches website for public feedback on regulations
U.S. Department of Labor
Office of the Assistant Secretary for Policy
OASP News Release: [03/16/2011]
Contact Name: David Roberts
Phone Number: (202) 693-5945
Release Number: 11-0386-NAT
WASHINGTON — The U.S. Department of Labor today announced the availability of a new online tool to collect public feedback on ways to improve regulations and the department's regulatory review process.
The online tool is part of the department's compliance with Executive Order 13563, which calls for federal agencies to detail how they will review existing significant regulations to identify whether regulations may be made more effective or less burdensome.
Members of the public who wish to provide comments or suggestions to improve Department of Labor regulations by modifying, streamlining, expanding or repealing them are encouraged to visit http://www.dol.gov/regulations/regreview.htm.
Comments must be received no later than March 31.
http://www.dol.gov/opa/media/press/asp/oasp20110386.htm
Office of the Assistant Secretary for Policy
OASP News Release: [03/16/2011]
Contact Name: David Roberts
Phone Number: (202) 693-5945
Release Number: 11-0386-NAT
WASHINGTON — The U.S. Department of Labor today announced the availability of a new online tool to collect public feedback on ways to improve regulations and the department's regulatory review process.
The online tool is part of the department's compliance with Executive Order 13563, which calls for federal agencies to detail how they will review existing significant regulations to identify whether regulations may be made more effective or less burdensome.
Members of the public who wish to provide comments or suggestions to improve Department of Labor regulations by modifying, streamlining, expanding or repealing them are encouraged to visit http://www.dol.gov/regulations/regreview.htm.
Comments must be received no later than March 31.
http://www.dol.gov/opa/media/press/asp/oasp20110386.htm
Wednesday, December 9, 2009
ACE Submits Comments on Proposed Rules for the Americans with Disabilities Amendments Act of 2008
Dec. 2, 2009
The American Council on Education (ACE), along with the College and University Professional Association for Human Resources (CUPA-HR), submitted comments Nov. 23 to the Equal Employment Opportunity Commission (EEOC) on the proposed rules to implement the equal employment provisions of the Americans with Disabilities Amendments Act of 2008.
During the legislative process, ACE worked with the drafters of the ADA Amendments Act in an effort to ensure that in enhancing existing protections against discrimination, Congress also gave due consideration to the special challenges facing institutions of higher education. While the proposed rules do bring greater clarity to many of the provisions, certain aspects of the proposal go well beyond the balance struck in the legislation, which could result in serious—albeit unintended—negative consequences.
ACE and CUPA-HR are particularly concerned that in many instances, the proposed rules eliminate any meaningful distinction between an impairment and a disability and disregard the requirement that disability determinations be made on a case-by-case basis.
ACE strongly supports nondiscrimination on the basis of disability and believes that employment decisions should be based on an individual’s qualifications and ability to perform a job.
http://www.acenet.edu/AM/Template.cfm?Section=HENA&CONTENTID=34949&TEMPLATE=/CM/ContentDisplay.cfm
The American Council on Education (ACE), along with the College and University Professional Association for Human Resources (CUPA-HR), submitted comments Nov. 23 to the Equal Employment Opportunity Commission (EEOC) on the proposed rules to implement the equal employment provisions of the Americans with Disabilities Amendments Act of 2008.
During the legislative process, ACE worked with the drafters of the ADA Amendments Act in an effort to ensure that in enhancing existing protections against discrimination, Congress also gave due consideration to the special challenges facing institutions of higher education. While the proposed rules do bring greater clarity to many of the provisions, certain aspects of the proposal go well beyond the balance struck in the legislation, which could result in serious—albeit unintended—negative consequences.
ACE and CUPA-HR are particularly concerned that in many instances, the proposed rules eliminate any meaningful distinction between an impairment and a disability and disregard the requirement that disability determinations be made on a case-by-case basis.
ACE strongly supports nondiscrimination on the basis of disability and believes that employment decisions should be based on an individual’s qualifications and ability to perform a job.
http://www.acenet.edu/AM/Template.cfm?Section=HENA&CONTENTID=34949&TEMPLATE=/CM/ContentDisplay.cfm
Sunday, May 3, 2009
USCIS Seeks Comments on I-9 Information Collection
The Department of Homeland Security is seeking comments on the paperwork burden related to the I-9 form, Employment Eligibility Verification. The comment period has been extended for 30 days and the new deadline is May 28, 2009. The Federal Register notice is below:
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
Agency Information Collection Activities: Form I-9, Extension of an Existing Information Collection, Comment Request ACTION: 30-Day Notice of Information Collection Under Review: Form I-9, Employment Eligibility Verification; OMB Control No. 1615-0047.-----------------------------------------------------------------------
The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on December 17, 2008, at 73 FR 76505 (page 76510), allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged[[Page 19234]]and will be accepted until May 28, 2009. This process is conducted in accordance with 5 CFR 1320.10.
Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at oira_submission@omb.eop.gov. When submitting comments by e-mail please make sure to add OMB Control Number 1615-0047 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this Information Collection: (1) Type of Information Collection: Extension of a currently approved information collection. (2) Title of the Form/Collection: Employment Eligibility Verification. (3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Form I-9. U.S. Citizenship and Immigration Services. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. This form was developed to facilitate compliance with section 274A of the Immigration and Nationality Act, which prohibits the knowing employment of unauthorized aliens. The information collected is used by employers or by recruiters for enforcement of provisions of immigration laws that are designed to control the employment of unauthorized aliens. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: This figure was derived by multiplying the number of respondents (78,000,000) x frequency of response (1) x hour per response (9 minutes or 0.15 hours). The annual record keeping burden is added to the total annual reporting burden which is based on 20,000,000 record keepers at (3 minutes or .05 hours) per filing. (6) An estimate of the total public burden (in hours) associated with the collection: 12,700,000 annual burden hours. If you need a copy of the proposed information collection instrument with instructions, or additional information, please visit: http://www.regulations.gov/search/index.jsp If additional information is required contact: USCIS, Regulatory Products Division, 111 Massachusetts Avenue, Washington, DC 20529-2210, (202) 272-8377. Dated: April 23, 2009.Stephen Tarragon,Deputy Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services.[FR Doc. E9-9619 Filed 4-27-09; 8:45 am]
http://edocket.access.gpo.gov/2009/E9-9619.htm
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
Agency Information Collection Activities: Form I-9, Extension of an Existing Information Collection, Comment Request ACTION: 30-Day Notice of Information Collection Under Review: Form I-9, Employment Eligibility Verification; OMB Control No. 1615-0047.-----------------------------------------------------------------------
The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on December 17, 2008, at 73 FR 76505 (page 76510), allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged[[Page 19234]]and will be accepted until May 28, 2009. This process is conducted in accordance with 5 CFR 1320.10.
Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at oira_submission@omb.eop.gov. When submitting comments by e-mail please make sure to add OMB Control Number 1615-0047 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this Information Collection: (1) Type of Information Collection: Extension of a currently approved information collection. (2) Title of the Form/Collection: Employment Eligibility Verification. (3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Form I-9. U.S. Citizenship and Immigration Services. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. This form was developed to facilitate compliance with section 274A of the Immigration and Nationality Act, which prohibits the knowing employment of unauthorized aliens. The information collected is used by employers or by recruiters for enforcement of provisions of immigration laws that are designed to control the employment of unauthorized aliens. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: This figure was derived by multiplying the number of respondents (78,000,000) x frequency of response (1) x hour per response (9 minutes or 0.15 hours). The annual record keeping burden is added to the total annual reporting burden which is based on 20,000,000 record keepers at (3 minutes or .05 hours) per filing. (6) An estimate of the total public burden (in hours) associated with the collection: 12,700,000 annual burden hours. If you need a copy of the proposed information collection instrument with instructions, or additional information, please visit: http://www.regulations.gov/search/index.jsp If additional information is required contact: USCIS, Regulatory Products Division, 111 Massachusetts Avenue, Washington, DC 20529-2210, (202) 272-8377. Dated: April 23, 2009.Stephen Tarragon,Deputy Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services.[FR Doc. E9-9619 Filed 4-27-09; 8:45 am]
http://edocket.access.gpo.gov/2009/E9-9619.htm
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