by Keli Parody Wilson, Consultant, DCI Consulting Group

On February 22, 2010, DCI Consulting posted a blog highlighting the agency's Functional Affirmative Action Plan (FAAP) process trends. In summary, the blog focused on the prolonged approval process for amendments/renewal to FAAP agreements. Recently, contractors have received a letter from the agency explaining that the OFCCP is not approving any new requests to develop or renew FAAP agreements. Until the policy is updated by the agency, OFCCP is advising contractors to continue developing establishment AAPs. OFCCP will most likely be releasing policy guidance in the next 30 days.

Specifically, the letter stated the following information:

“The Office of Federal Contract Compliance Programs (OFCCP) has received your request to develop a Functional Affirmative Action Program (FAAP) agreement. At this time, the OFCCP is not approving any new requests to develop or renew FAAP agreements. The OFCCP is reviewing its policies regarding the FAAP process. We will issue new guidance in the near future. Until such guidance is issued, you should continue to develop and maintain your establishment-based AAPs. If your FAAP agreement has expired or is scheduled to expire within 30 days of receipt of this notice, you should continue to operate under your current agreement until new guidance is published. We will notify you when such guidance is published.”

For contractors with a current FAAP agreement, there’s a directive on the OFCCP website which explains the process for terminating the FAAP agreement. To officially terminate the agreement, there must be a termination letter explaining the reason for termination with a 90 day termination period. Specifically the directive states the following:

“Either party may terminate the functional AAP agreement upon 90 calendar days written notice. The notice will provide a brief explanation of the reason(s) for the termination, and the effective date of the termination.”

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