2D02 Collecting Information: Access to Contractor Records

The agency’s regulations require contractors to provide COs access to the contractor’s books, records and accounts to determine the contractor’s compliance with the laws administered by OFCCP.98 When a CO knows that he or she will likely need to obtain copies of materials, the CO must initiate a discussion with the contractor regarding the need to obtain copies of materials before the on-site review. Working out the logistics for obtaining copies of requested materials before the on-site review may help the CO avoid conflicts. This may also be useful when scheduling the time needed to obtain copies of the requested materials. If requested materials are available electronically, in a compatible format, the CO must accept the materials in electronic form. The CO must ensure that all requested data is present within the various materials.

Some of the types of records a CO will request and obtain before or during the on-site visit include:

• Job applications for every applicant for the jobs at issue;
• Personnel files;
• Relevant payroll and human resources information system (HRIS) data;
• Labor agreements;
• Policy and compensation manuals;
• Directives;
• Federal contracts, purchase orders and subcontracts;
• Company newsletters; and
• Externally and internally posted job opening announcements.

COs must photocopy, digitize, transcribe or summarize pertinent information, as appropriate. If summarizing, the CO must describe the source documents in detail and describe the summarizing process. Photocopied originals are preferable to document summaries.

If a contractor objects to providing photocopying facilities or if, for any other reason, the CO must use an off-site copying facility, the CO will take appropriate precautions to preserve, securely handle and maintain any personally identifiable information contained in these documents when removing original documents from the premises. COs must assure the contractor that the originals will be returned in a timely manner. It may also be helpful for COs, in coordination with a contractor official, to make a written inventory of the documents and materials that are being provided by the contractor for copying.

If the contractor refuses to provide access to materials or denies the CO the ability to copy requested materials, the CO will contact his or her supervisor to discuss the denial of access concerns. It may be necessary to prepare an SCN for denial of access following this discussion. Chapter 8, Resolution of Noncompliance, is a source of additional information on this particular point.