DOL Ignores Law
Hires Contractors to perform IT work at multiple agencies
The Department of Labor is contracting out information technology (IT) functions performed by federal employees in the Mine Safety and Health Administration (MSHA) and Employment Training Administration (ETA). It is the NCFLL's understanding that this contract will eventually result in the privatization of IT functions in the Bureau of Labor Statistics (BLS) and Employee Benefit Security Administration (EBSA).
DOL has acknowledged in writing that it is privatizing work performed by its own employees, in direct contradiction to the law. OMB Circular A-11, which provides guidance for implementation of the law states:
“Pursuant to 41 U.S.C. 1710 and 10 U.S.C. 2461, agencies are precluded from converting, in whole or in part, functions performed by federal employees to contract performance absent a public-private competition (a practice known as “direct conversion”). The conversion of work from in-house to private sector performance may only occur through public-private competition. Appropriations acts since 2009, however, have prohibited agencies from using funds to “begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A-76 or any other administrative regulation, directive, or policy.”
In other words, work designated for performance by federal employees cannot be converted to contractor performance without first conducting a cost comparison process that is consistent with the law.
NCFLL-AFGE members are proud to work for DOL, and we believe our agency is vital to our nation's workers. We must stop this illegal privatization, write to your elected representative urging them to tell Secretary Perez to reverse this illegal privatization.
Click here to download a sample letter to your representative.
View letter from AFGE President Cox to DOL Secretary Perez
View letter from AFGE President Cox to OMB Deputy Director for Management Beth Cobert