Program Plan
Department of Labor - Office of Federal Contract Compliance Recovery Plan
Updated 05/15/2009
Objectives
Program Purpose
The Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) administers and ensures compliance with two equal employment opportunity laws and one executive order that prohibit Federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, national origin, disability, and protected veterans' status.
Public Benefits
Through fair and effective enforcement of these laws, OFCCP seeks to ensure that Federal contractors provide equal opportunity to applicants and employees; and that American workers employed by federal contractors are protected from discrimination.
Measures
The measures have been revised to enrich the performance metrics for Recovery targets. In some instances, targets will not be available until additional baseline data has been collected.
| Measure | Target/Actual |
|---|
| 2009 | 2010 | 2011 | 2012 |
|---|
[-]
Percent of non-compliant Recovery Act contractors, identified through completed reviews, brought into compliance | 0/0 | - | - | - |
Measure Information
| Frequency : Quarterly | | Direction : Increasing | | Type : Outcome | | Explanation : This performance measure tracks whether Recovery Act contractors achieve compliance with EEO requirements at the completion of the compliance evaluation. Contractors reach compliance through a binding agreement detailing specific commitments to resolve identified violations. OFCCP guidance includes a process to monitor contractors found to be non-compliant. The conciliation agreement includes a monitoring period (lasting a minimum of six months and maximum on 3 years, depending on the severity of the violation), where a contractor is required to submit progress report(s). As a result, OFCCP is able to monitor the continued compliance of contractors. | | Unit : Contractor |
|
[-]
Number of construction compliance evaluations conducted | 0/0 | - | - | - |
Measure Information
| Frequency : Quarterly | | Direction : Increasing | | Type : Output | | Explanation : The emphasis on infrastructure spending under the Recovery Act is expected to increase construction contracts. These types of contracts may represent roughly 80% of all Federal contracts under the Recovery Act. To best ensure EEO compliance, OFCCP will target the construction industry. OFCCP will increase the number of construction compliance evaluations conducted to accommodate this increase in new and/or expanded contracts funded through the Recovery Act. In FY 2008, OFCCP completed 204 construction reviews with a workforce of approximately 400 compliance officers that focused on supply and service reviews. Under the Recovery Act, OFCCP will focus on construction contractors by utilizing 50 FTE to complete 360 compliance evaluations. Achieving this target necessitates timely completion of evaluations. To ensure those compliance evaluations meet OFCCP standards, OFCCP will continue conducting quality audits of at least 10% of completed compliance evaluations quarterly. | | Unit : Evaluations |
|
[-]
Number of compliance evaluations of supply and service contractors | 90/0 | - | - | - |
Measure Information
| Frequency : Quarterly | | Direction : Increasing | | Type : Output | | Explanation : OFCCP plans to conduct 450 compliance evaluations as a result of the Recovery Act funding. Since the universe of Recovery Act construction contractors will be much greater than supply and service contractors, OFCCP will not be able to conduct proportionately as many supply and service reviews as it has done in the past. Therefore, OFCCP will select approximately 90 supply and services contractors from a Recovery Act supply and service contractors' listing identified from various sources. As part of the normal practice, OFCCP will continue to conduct quality audits of at least 10% of completed compliance evaluations quarterly to ensure conformity to OFCCP standards. | | Unit : Evaluations |
|
[-]
Number of contractors trained through outreach events | 500/0 | - | - | - |
Measure Information
| Frequency : Quarterly | | Direction : Increasing | | Type : Output | | Explanation : The purpose of this measure is to educate Recovery Act contractors of their EEO obligations in order to increase compliance. Original program target will not apply. The available pool under the Recovery Act is less than the original target. In addition, the number of activities is predicated by the number of staff. | | Unit : Events |
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Schedule and Milestones
Conduct 450 Compliance Evaluations - OFCCP will conduct at least 360 construction reviews and at least 90 supply and service reviews, targeting at least 10% first-time federal contractors. OFCCP will schedule 150 reviews each quarter, beginning July 1, 2009.
Expected Completion Date: September 30, 2010
Compliance Events - OFCCP will host 120 compliance events, reaching at least 500 contractors, to educate the public and interested parties about EEO requirements in federal contracts. The agency will host 9 national and 6 Webinars targeted to federal construction contractors, new federal contractors, and contracting officers. Additionally, OFCCP will host 93 regional compliance events; and one national and 11 regional public forums.
Expected Completion Date: Ongoing through September 30, 2010
Training for Federal Contracting Officers - OFCCP will educate 100 Federal contracting officers in at least 10 different agencies to provide information related to pre-award clearances procedures and EEO requirements.
Expected Completion Date: December 31, 2009
Amend Construction Scheduling Guidelines - OFCCP will amend its current construction scheduling guidelines to ensure that priority is given to Recovery Act-related construction evaluations.
Expected Completion Date: June 30, 2009
Amend Pre-Awards Scheduling Guideline - OFCCP will amend its pre-awards schedule guideline to reflect priority of Recovery Act activities.
Expected Completion Date: June 30, 2009
Develop and Maintain 21st Century Recovery Act Webpage - OFCCP will draft, review and update the content of the 21st Century Recovery Act Webpage on an ongoing basis.
Expected Completion Date: Ongoing through September 30, 2010
Milestones
No Data Available
Projects and Activities
Federal contractors in receipt of Recovery Act funds must be compliant with EEO laws and regulations and ensure fairness in employment activities. Through compliance evaluations and outreach activities, OFCCP will increase contractors’ awareness of their roles and responsibilities with its Equal Employment Opportunity (EEO) laws and regulations.
Enforcement Activities - OFCCP will conduct compliance evaluations of construction contractors in receipt of Recovery Act funding and grants. The majority of federal contractors will be recipients of direct or federally-assisted funds for construction projects. Consequently, OFCCP will place a special emphasis on the construction industry.
OFCCP will also conduct compliance evaluations of supply and service contractors in receipt of federal contracts through Recovery Act funding.
The agency will determine whether scheduled or open evaluations include contractors receiving Recovery Act funding. OFCCP will conduct a limited number of pre-award reviews of new supply and service contractors with contracts of $10 million or more; and evaluate compensation practices of Recovery Act contractors.
OFCCP will recommend enforcement for contractors where discrimination is identified or access denied, and conciliation efforts have failed. If OFCCP is denied access to a facility or is unable to reach an agreement with a contractor after being found non-compliant, such contractor will be referred for litigation.
Outreach - OFCCP will conduct a series of Webinars for companies seeking government contracts and recent contract recipients under the Recovery Act. OFCCP will hold compliance assistance seminars at bidders’ conferences explaining the requirements to achieve and maintain full compliance with OFCCP-administered laws. Consequently, this will increase the number of federal contractors in compliance.
OFCCP will work with GSA and state contracting agencies to participate in pre-construction conferences with general or prime contractors. This will include meetings with union representatives to communicate requirements that must be adhered to by general or prime contractors. General/prime contractors have the responsibility of communicating EEO requirements to all subcontractors. OFCCP will provide assistance in preparing these notifications.
Review Process
Performance monitoring and evaluation shall occur on a quarterly basis. The OFCCP-designated Recovery Act coordinator is responsible for conducting the review. The coordinator will evaluate performance, risk, and the impact on program effectiveness, reporting results to the Acting Director.
This process shall involve all regions charged with funds use, which will be required to submit information to the Recovery Act coordinator to support the review. The periodic evaluation will include a review of actual expenditures versus planned expenditures, performance toward milestones, and to-date performance on measures identified in section 6.
To aid in the execution of Recovery Act funds utilization, OFCCP will develop a program review template. This template allows for the description of the Recovery Act activity, identifies the responsible office, documents both planned and actual expenditures, lists to-date performance on milestones and performance measures, and contains a register of risks. The risk register enumerates each risk’s probability of occurrence, the potential impact, appropriate mitigation strategy, necessary contingency plans, identifies who is required to take action for mitigation and by what time period that mitigation must occur to prevent the risk’s realization. All offices responsible for Recovery Act funds used shall be trained in the use of the template.
The Recovery Act coordinator will conduct reviews of all activities using data gathered from submitted templates evaluating performance, risk, and impact on program effectiveness through predetermined rating criterion. The coordinator will immediately escalate issues of high-risk and low performance to the Acting Director, while delivering a report four weeks after review that includes the final evaluation of each activity.
Cost and Performance Plan
As discussed in the Monitoring and Evaluation section, performance data collection shall occur on a quarterly basis with reports completed 4 weeks after the close of each quarter. OFCCP will request posting the aggregated reports to the Department’s website at http://www.dol.gov/esa/ofccp/.
Each OFCCP region, headed by a Senior Executive Service Administrator, is currently developing regional deliverables based on national goals. Each, with the assistance of the National Office, is preparing a work plan to ensure that regional targets will be met. Each region will be held accountable for both the enforcement and outreach initiatives under the Recovery Act. All activities will be continuously monitored by the Recovery Act Coordinator.
Energy Efficiency Spending Plans
Program Plan Award Types
No Data Available