COs must use the Construction SCER when conducting a construction compliance evaluation to report compliance evaluation results. The Construction SCER aims to provide objective measures of a contractor’s efforts to implement the required affirmative action obligations specified in the regulations. The CO uses the Construction SCER worksheets to specify:
- Whether a particular issue or problem needs analysis as an individual case or a systemic case; and
- Whether the particular issue or problem requires a disparate treatment analysis, a disparate impact analysis, or both.
The SCER includes a narrative summary of findings that should be organized as described below.
a. Scope of Review. The CO should briefly state those items covered in the pre-review, the on-site review and the project interviews.
b. Analysis. The CO must present an analysis of pertinent materials for each area examined including any indicators he or she identified from analyses of personnel activity and compensation. The CO must identify sources of information (e.g., interviews conducted, records examined, worksites inspected and community contacts made). If a CO finds deficiencies, the explanation must be sufficient to permit a person who is unfamiliar with the case to understand the basis for each deficiency determination. The CO will also provide detailed narrative information on problem areas identified during the review of the contractor’s below activities.
- Recruitment Practices;
- EEO/AA Policy and Implementation;
- Personnel Operations and Leave Policies;
- Contracting Activity;
- Discrimination Violations;
- Implementation of Discrimination on the Basis of Sex regulations;243
- Implementation of Guidelines on Discrimination Because of Religious or National Origin;244
- Implementation of Section 503; and
- Implementation of VEVRAA.
c. Conclusions. The CO must make a final assessment of the findings and how these relate to the contractor’s compliance status.
d. Resolution. If the CO identifies violations, the CO must describe the corrective action necessary to consider the contractor in compliance. Both parties must agree to specific corrective actions that the CO will include in a CA, as appropriate. Otherwise the CO must issue an SCN.245
e. Recommendations. The CO must recommend that the contractor be found either in apparent compliance or noncompliance. Evidence to support the CO’s recommendation must be documented in the case file.
After concluding the on-site review, the CO must complete any required analyses of the data and other information that was gathered. The CO must investigate problem areas and issues until the case file contains sufficient evidence to establish whether discrimination did or did not occur. The case file should retain all evidence the CO obtained and documents the CO created, including any evidence that does not support the CO’s conclusions.
243. 41 CFR Part 60-20.
244. 41 CFR Part 60-50.
245. 41 CFR 60-4.8.