OFCCP has launch its Mega Construction Project (Megaproject) Program, intended to increase compliance attention on and provide compliance assistance to federal construction contractors with federally funded projects valued at $35 million or more and lasting at least one year.
This development marks another step in OFCCP Director Jenny Yang’s campaign to reinvigorate OFCCP’s oversight of construction contractor affirmative action compliance efforts. From the 2020 release of OFCCP’s Construction Contractor Technical Assistance Guide to the 2020 and 2021 Construction Contractor audit CSALs (Corporate Scheduling Announcement Lists) and the launch of a new Construction Contract Award Portal, OFCCP is increasing enforcement attention on construction contractors.
This new program was developed, at least in part, because of President Joe Biden’s Infrastructure Investment and Jobs Act (IILJA), under which construction companies are landing big dollar projects partly funded by the federal government. OFCCP wants to ensure equal opportunity for employees on the projects, as well as increase representation of qualified workers from underrepresented groups in the construction trades.
OFCCP says it will offer compliance assistance to prime and subcontractors on Megaprojects, in addition to conducting compliance evaluations. OFCCP intends to engage with prime and subcontractors at both the pre-bid and post-bid stages to “provide ongoing compliance assistance” and “evaluate contractors’ efforts to recruit and utilize talent from underrepresented backgrounds.”
The Megaproject Program’s website includes a toolkit with a Reference Sheet, a Quick Reference Guide, a letter from OFCCP to IILJA grantees, as well as a description of the Sixteen Affirmative Action Steps a construction contractor must take to fulfill its affirmative action obligations. In its Reference Sheet, OFCCP cites two examples of past Megaprojects in which it successfully engaged with the construction prime and subcontractors, as well as other stakeholders, to provide compliance assistance. OFCCP touts these projects as examples of how OFCCP’s involvement in Megaprojects early and often can positively affect the community.
There will also be a list of designated Megaprojects accessible from the Megaproject Program’s website.
The last construction CSAL published was in 2021, and OFCCP acknowledged contract size was considered in its Methodology for Developing the Construction Scheduling List in 2021. With the launch of this new program, construction contractors on Megaprojects can expect their chances of being audited by OFCCP to spike.
If you have questions, please contact the Jackson Lewis attorney with whom you regularly work or a member of the Affirmative Action, OFCCP and Government Contract Compliance Group.