OFCCP Publishes New Scheduling Letter for Construction Contractors

By: Mitchell Chamberlin and Evan Szarenski

On October 2, 2024, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget (OMB) has authorized a new scheduling letter and itemized listing for federal construction contractors and subcontractors. The new scheduling letter and itemized listing, which are used to initiate OFCCP compliance evaluations, appear to have a number of substantive changes from the version letter used previously. These changes include: 

• Explicitly requesting payroll and personnel activity data for employees involved in the supervision, inspection, and other onsite functions incidental to actual construction
• Requesting EEO policies  
• Requesting documentation that required construction contract clauses were included in subcontracts
• Requiring contractors to identify all tests and selection procedures used in hiring process and provide evidence that they were properly validated 
• Requesting evidence that contractors were monitoring employment-related activities to ensure seniority practices, job classifications, work assignments, and other personnel practices did not have a discriminatory effect and that the EEO policy is being carried out 
• Requiring documentation of outreach and recruitment efforts for VEVRAA and Section 503
• Requiring action-oriented programs to be developed if there is underutilization of individuals with disabilities 

Continued Focus on Construction Contractors 

OFCCP continues to have a greater focus on employers with federal construction contracts and subcontracts, which have significantly different requirements than employers with supply and service contracts. As part of this increased focus, the agency has selected more than 1300 construction contractor establishments to undergo a compliance evaluation since 2020. 

DCI is continuing to analyze the new scheduling letter and will publish more information in the coming days. Be sure to subscribe to our blog and email alerts to be notified of additional resources.