3D The Compliance Review Process

COs will find that several stages are involved in a compliance review of a construction contractor. The four major stages are listed below and are discussed in detail in Sections 3E through 3R of this chapter.

1. Pre-Review Preparation (FCCM 3E)

2. On-site Review (FCCM 3F)

• Entrance Conference (FCCM 3G)
• Review of Records (FCCM 3H)
• Evaluation of Policies, Practices and Procedures (FCCM 3I)
• Interviews (FCCM 3J)
• Worksite Inspections (FCCM 3K)
• Identification and Investigation of Discrimination (FCCM 3O)
• Exit Conference (Section 3P)

3. Compliance Review Report (Section 3Q)

4. Notification of Compliance Review Results (Chapter 8)

The major focus of a review of a construction contractor is the contractor’s construction employees who are engaged in on-site construction, including those construction employees who work on a nonfederal or nonfederally assisted construction site within a particular geographical area. However, unless coverage is based solely on a federally assisted construction contract, the contractor’s entire workforce may be the subject of the review under Executive Order 11246, Section 503 and VEVRAA. As noted at FCCM 3B, federally assisted construction contracts are subject only to Executive Order 11246. In evaluating a contractor’s compliance with the equal opportunity clauses in nontrade as well as trade occupations, COs must focus on any indications of potential discrimination and lack of affirmative action.

If the contractor has a covered federal contract (not federally assisted) and 50 or more employees, the compliance review will also include implementation of the Section 503 and VEVRAA AAP(s).191