OFCCP has posted proposed changes for Construction Contractors compliance that include (1) reinstatement of the Monthly Employment Utilization Report, (2) revisions to the Construction Contractor Scheduling Letter and (3) modifications of the Construction Contract Award Notification Form.
OFCCP is proposing to resurrect the Monthly Employment Utilization Report (CC547), with some revisions. This report was discontinued in 1995 and the agency is proposing its reinstatement to “strengthen its construction program by using the collected information to inform compliance assistance efforts and track the progress of contractor's outreach efforts and the agency's Megaproject Program.” The collected information would also be used by OFCCP in scheduling compliance evaluations of covered construction contractors.
The reports would require construction contractors to submit, on a monthly basis, number of employees and hours worked by race/ethnicity and gender for each trade working on construction projects in geographic areas where federal construction projects were active during the month reported.
According to OFCCP, this additional reporting requirement would only take contractors 1.5 hours to complete. Companies who would be required to begin this reporting would likely disagree with the OFCCP’s time estimate.
Comments on this proposal are due by April 23, 2024. OFCCP is particularly interested in comments that:
OFCCP also is proposing changes to the Scheduling Letter and Itemized Listing for Construction Contractors. Unlike contractors with Supply and Service contracts, Construction Contractors are not required to prepare annual written affirmative action plans for compliance with Executive Order 11246. However, they are required to meet compliance obligations under the Executive Order and also prepare written AAPs for compliance with Section 503 of the Rehabilitation Act of 1973 (“Section 503”), and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”).
OFCCP is proposing changes to the scheduling letter to allow for “more robust” analyses, clarify what information contractors should provide and for whom, ensure uniformity in what information field offices are requesting, better focus its inquiries, and assist OFCCP in determining whether construction contractors are meeting their Affirmative Action obligations. Some of the changes proposed to the letter are inconsequential, others are more substantive. The more substantive changes include:
Contractors have until April 26, 2024, to submit comments on these proposed changes.
OFCCP is also proposing changes to the Construction Contract Award Notification Form CC314, the form used to provide notice to OFCCP within 10 days of being awarded a construction contractor subcontract in excess of $10,000. Comments on these changes are also due by April 26, 2024.
If you are a Construction Contractor and would like assistance or have questions regarding your Affirmative Action obligations, Berkshire can help.