Quick Hits

  • Covered construction contractors may be required to provide additional data and documentation in response to the construction compliance review scheduling letter and itemized listing.
  • Covered construction contractors may be required to provide additional information on Form CC-314 about new construction contract awards that exceed $10,000.
  • Comments on the proposals are due no later than April 26, 2024.

As set forth in its notice and comment request of February 26, 2024, “Proposed Renewal of the Approval of Information Collection Requirements,” OFCCP seeks to renew and make changes to its construction scheduling letter and itemized listing. These documents are sent to contractors to initiate a construction compliance evaluation and to request relevant information for the evaluation.

In its supporting statement, OFCCP gave a number of justifications for the proposed changes to help ensure uniformity across OFCCP’s various programs and requests, including, among other things, promoting efficiency, aiding OFCCP’s ability to conduct robust statistical analyses, improving OFCCP’s ability to schedule on-site reviews, clarifying the scope of existing requests, and adding the same level of detail as was recently added by the agency to the supply and service scheduling letter.

Proposed changes to the construction scheduling letter include a requirement that contractors submit employment activity data in a readable electronic database, such as a spreadsheet software program, a preference that affirmative action program (AAP) and itemized listing information be provided electronically, a revision to clarify that OFCCP may initiate an enforcement action if the required information is not received within thirty days of the contractor’s receiving the scheduling letter, and a revision to clarify that OFCCP will take steps to protect the confidentiality of various types of information.

With regard to the data requests contained in the itemized listing accompanying the scheduling letter, OFCCP has proposed a number of significant changes, including requesting additional certified payroll data, adding language that employment activity data is required for non-trade employees in the covered area who supervise, inspect, or provide other on-site functions incidental to construction work, and requiring contractors to verify their compliance with the Uniform Guidelines on Employee Selection Procedures (UGESP) requirements related to test and selection procedures.

OFCCP has also proposed a number of changes to the Section 503 and Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) itemized listings, including a clarification of what must be provided as part of the contractor’s most recent assessment of personnel processes and its evaluation of outreach and positive recruitment efforts. OFCCP has also proposed adding language to make clear that federally assisted construction contracts are exempt from the Section 503 and VEVRAA requirements, so contractors whose sole contract coverage is due to such contracts do not have to submit information in response to these itemized listings.

In addition, OFCCP seeks to renew and make changes to Form CC-314, which is the form that covered construction contractors submit to OFCCP to notify the agency of a new federal or federally assisted contract or subcontract awards in excess of $10,000. OFCCP explains that this information will help the agency develop its compliance evaluation scheduling lists. The current Form CC-314 will expire on July 31, 2024. OFCCP’s proposed changes include new requests for contract type (prime or subcontract), North American Industry Classification System (NAICS) code, information about whether the notice is being submitted on behalf of a non-construction contractor, the Unique Entity Identifier (UEI) or the Data Universal Numbering System (DUNS) number, and the Employer Identification Number (EIN).

Comments on the proposed changes are due on or before April 26, 2024.

Ogletree Deakins’ OFCCP Compliance, Government Contracting, and Reporting Practice Group will continue to monitor developments and will provide updates on the Government Contractors and OFCCP Compliance, Government Contracting, and Reporting blogs as additional information becomes available.

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OFCCP Compliance, Government Contracting, and Reporting

The experienced attorneys in our OFCCP Compliance, Government Contracting, and Reporting Practice Group advise and defend federal contractors and subcontractors on jurisdictional, compliance, and enforcement issues relevant to government contracting, including those involving the Office of Federal Contract Compliance Programs (OFCCP).

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