Here's a good consultant answer: you're probably not required to list these positions with the ESDS. Probably. Traditionally, OFCCP would consider temps on someone else's payroll to be the employees of the temp service. It would be incumbent on the temp service to list positions with the ESDS rather than your obligation to list the temp positions with the ESDS. This happens to be one of those issues where the waters are becoming murky, though. More and more, we're seeing the federal regulatory agencies think of situations where agency temps are used as co-employment situations. If OFCCP were to take this position, then your organization might be under some obligation to list with the ESDS if the temp position is for three days or more AND your organization has a federal contract or subcontract of $150,000 or more. For the moment, the right answer might be to work with your temporary agency to ensure that the agency is listing all of of its openings with the relevant ESDS office. That way, the "right" employer (i.e. the employer who technically "owns" the temp) is doing the ESDS listing. I would strongly encourage you to keep watch as to what is occurring in the regulatory environment, though, since we know issues concerning the contingent workforce are of very great interest to the current administration.
You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.