5A02 The FAAP Agreement

The FAAP agreement is a written agreement between the contractor and OFCCP, approving the contractor to use FAAP(s) in lieu of, or in combination with, establishment-based AAPs. The agreement is issued for a five-year term and outlines the contractor’s legal obligations and the procedures for maintaining the FAAP agreement. The FAAP agreement includes an addendum that identifies all of the contractor’s approved functional or business units, including a description of each unit, contact information for each unit and the employee count for each unit.295 If a contractor maintains both functional and establishment-based AAPs, the FAAP agreement will include an “Addendum B” that identifies all of the establishments that will maintain establishment-based AAPs. In the FAAP agreement, the contractor also agrees that, during a FAAP compliance evaluation, they will submit personnel activity in a readable and usable electronic format when requested to do so. FAAP agreements are maintained by OFCCP’s national office and become effective on the date of the OFCCP Director’s, or designee’s, final signature. Contractors will have up to 120 calendar days following the effective date to implement its FAAPs, and they must notify OFCCP when the FAAPs are implemented. A FAAP must include the components that are prescribed in 41 CFR Part 60-2 and, if appropriate, Subpart C of 41 CFR 60-300 and Subpart C of 41 CFR 60-741.

295. The employee count specified in the FAAP agreement represents the employees that were present when the FAAP request was submitted as a part of the agreement application process. The employee count in the FAAP agreement may differ from the number of employees reported when the FAAP is submitted during a compliance evaluation due to staff departures, hires or promotions.