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II.
Program-Specific Recovery Plan for Recovery.gov (Q 2.8 of Guidance) |
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DOL Agency MAX ID and name: Office of Federal Contract Compliance
Programs (OFCCP) |
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Recovery Program: Federal Contract
Compliance Programs |
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Does this
program align with an existing PART program? |
10000332 Office
of Federal Contract Compliance Programs |
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Does this program align with an
existing CFDA program? |
No |
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1. Objectives: |
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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. The laws are: Section 503 of the
Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment
Assistance Act of 1974. The executive
order is Executive Order 11246. |
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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. |
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2. Projects and Activities: |
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Kinds and
scope of projects and activities to be performed |
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 EEO laws and regulations. |
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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 currently scheduled compliance evaluations include
contractors receiving Recovery Act funding to determine eligibility for
additional reviews. 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. |
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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. |
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3. Characteristics: |
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Types of
Financial Awards to be used |
J Provision of Specialized Services K Advisory Services and Counseling N Investigation of Complaints |
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Type of
Recipient |
Federal |
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Type of
Beneficiary |
Federal;
Individual |
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4. Major
Planned Program Milestones: |
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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. |
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Expected
Completion Date: September 30, 2010 |
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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. |
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Expected
Completion Date: Ongoing through September 30, 2010 |
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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. |
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Expected
Completion Date: December 31, 2009 |
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Amend Construction Scheduling Guidelines |
OFCCP
will amend its current construction scheduling guidelines to ensure that
priority is given to RECOVERY ACT-related construction evaluations. |
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Expected
Completion Date: June 30, 2009 |
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Amend Pre-Awards Scheduling Guideline |
Prior to
the award federal contract in the amount of $10M or more, OFCCP receives
pre-award EEO clearance requests from potential contractors. OFCCP will amend
its pre-awards guideline to ensure that priority consideration is being
provided to potential contractors in receipt of ARRA funding. |
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Expected
Completion Date: June 30, 2009 |
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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. |
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Expected
Completion Date: Ongoing through September 30, 2010 |
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5. Monitoring and Evaluation: |
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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. |
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6.
Measures: OFCCP is
currently developing a new set of performance measures in support of
Government Performance and Results Act (GPRA) planning and reporting
requirements. The activities tracked
through the output measures are expected to support the results tracked
through these GPRA outcome measures. |
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Measure
Text |
Percent
of non-compliant Recovery Act contractors, identified through completed
reviews, brought into compliance |
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Measure Type |
Outcome |
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Measure
Frequency |
Quarterly |
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Direction
of Measure |
Increasing |
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Unit of
Measure |
Non-compliant
Recovery Act Contractors |
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Explanation
of Measure |
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. |
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Year |
2009 |
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Original
Program Target |
NA (new
measure) |
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Revised
Full Program Target |
80 |
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Targeted
ARRA Increment |
NA |
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Actual |
NA |
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Goal Lead |
Lorenzo
Harrison |
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Measure
Text #1 |
Number of
construction compliance evaluations conducted |
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Measure
Type |
Output |
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Measure
Frequency |
Quarterly |
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Direction
of Measure |
Increasing |
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Unit of
Measure #2 |
Compliance
evaluations |
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Explanation
of Measure |
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. |
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Year |
2009 |
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Original
Program Target |
204 |
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Revised
Full Program Target |
360 |
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Targeted
ARRA Increment |
156% |
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Actual |
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Goal Lead |
Lorenzo
Harrison |
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Measure
Text #3 |
Number of
compliance evaluations of supply and service contractors |
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Measure
Type |
Output |
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Measure
Frequency |
Quarterly |
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Direction
of Measure |
Increasing |
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Unit of
Measure |
Compliance
Evaluations |
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Explanation
of Measure |
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. |
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Year |
2009 |
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Original
Program Target |
3900 |
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Revised
Full Program Target |
3990 |
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Targeted
ARRA Increment |
90 |
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Actual |
NA |
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Goal Lead |
Lorenzo
Harrison |
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Measure
Text #4 |
Number of contractors trained through outreach events |
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Measure
Type |
Output |
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Measure
Frequency |
Quarterly |
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Direction
of Measure |
Increasing |
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Unit of
Measure |
Outreach Events |
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Explanation
of Measure |
The purpose
of this measure is to educate Recovery Act contractors of their EEO
obligations in order to increase compliance. |
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Year |
2009 |
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Original
Program Target |
900 |
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Revised
Full Program Target |
1400 |
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Targeted
ARRA Increment |
500 |
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Actual |
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Goal Lead |
Lorenzo
Harrison |
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7. Transparency and Accountability: |
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As
discussed in section 5, 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/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. |
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8. Federal Infrastructure Investments: |
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NA |
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9. Barriers
to Effective Implementation: |
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NA |
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10. Environmental Review Compliance: |
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NA |
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