II. Program-Specific Recovery Plan for Recovery.gov (Q 2.8 of Guidance)

DOL Agency MAX ID and name:  Office of Federal Contract Compliance Programs (OFCCP)

Recovery Program: Federal Contract Compliance Programs

Does this program align with an existing PART program?

10000332 Office of Federal Contract Compliance Programs

Does this program align with an existing CFDA program?

No

1. 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.  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.

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.

2. Projects and Activities:

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.

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.

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.

3. Characteristics:

Types of Financial Awards to be used

J   Provision of Specialized Services

K  Advisory Services and Counseling

N  Investigation of Complaints

Type of Recipient

Federal

Type of Beneficiary

Federal; Individual

4. Major Planned Program 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

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. 

 

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

5. Monitoring and Evaluation:

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.

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.

Measure Text

Percent of non-compliant Recovery Act contractors, identified through completed reviews, brought into compliance

Measure Type

Outcome

Measure Frequency

Quarterly

Direction of Measure

Increasing

Unit of Measure

Non-compliant Recovery Act Contractors

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.

Year

2009

Original Program Target

NA (new measure)

Revised Full Program Target

80

Targeted ARRA Increment

NA

Actual

NA

Goal Lead

Lorenzo Harrison

 

 

Measure Text #1

Number of construction compliance evaluations conducted

Measure Type

Output

Measure Frequency

Quarterly

Direction of Measure

Increasing

Unit of Measure #2

Compliance evaluations

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.

Year

2009

Original Program Target

204

Revised Full Program Target

360

Targeted ARRA Increment

156%

Actual

 

Goal Lead

Lorenzo Harrison

 

 

Measure Text #3

Number of compliance evaluations of supply and service contractors

Measure Type

Output

Measure Frequency

Quarterly

Direction of Measure

Increasing

Unit of Measure

Compliance Evaluations

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.

Year

2009

Original Program Target

3900

Revised Full Program Target

3990

Targeted ARRA Increment

90

Actual

NA

Goal Lead

Lorenzo Harrison

 

 

Measure Text #4

Number of contractors trained through outreach events

Measure Type

Output

Measure Frequency

Quarterly

Direction of Measure

Increasing

Unit of Measure

Outreach Events

Explanation of Measure

The purpose of this measure is to educate Recovery Act contractors of their EEO obligations in order to increase compliance.

Year

2009

Original Program Target

900

Revised Full Program Target

1400

Targeted ARRA Increment

500

Actual

 

Goal Lead

Lorenzo Harrison

7. Transparency and Accountability:

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.

8. Federal Infrastructure Investments:

NA

9. Barriers to Effective Implementation:

NA

10.  Environmental Review Compliance: 

NA