Companies Receiving Recovery Act Funds Subject to OFCCP Compliance Audit
Construction, supply, and service contractors receiving federal monies under the American Recovery and Reinvestment Act will be subject to compliance audits, including affirmative action programs, according to plans submitted by the Office of Federal Contract Compliance Programs.
OFCCP says since the majority of federal contractors will be recipients of direct or federally-assisted funds for construction projects, it “will place a special emphasis on the construction industry.” The agency says it 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 says it 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, according to the agency.
OFCCP has a webpage devoted to how it will implement the ARRA compliance evaluations; it includes a Construction Technical Assistance Guide for new federal construction contractors, a sample affirmative action program, and other information pertinent to federal contractors. (HEC members who fall in this category have access to personalized consultation on AAP requirements: contact Lori Kohara at 440-8816; Neighbor Islands call 1-800-392-3589; or email email@example.com.)