By: Bill Osterndorf
The new list of 12 construction megaprojects released on October 6, 2023, can be found on the Corporate Scheduling Announcement List (CSAL) portion of OFCCP’s website. OFCCP uses CSALs to provide federal contractors and subcontractors with advanced notice of possible compliance reviews. A CSAL does not formally open a compliance review. Instead, it notifies organizations about review sites and the type of review that the organization may undergo.
This second list of construction megaprojects parallels the list released in March 2023. The megaproject CSALs:
- Show project sites without specifying the construction companies that will undergo a compliance review. This is different than all other CSALs, which show specific employers that will undergo a compliance review.
- Include projects that are still in the planning phase.
- Include projects valued at over $35 million.
- Include projects that will span multiple years.
The projects on OFCCP’s initial construction megaproject CSAL were funded through the Bipartisan Infrastructure Bill. The projects on the construction megaproject CSAL released on October 6, 2023, are funded through various sources. These include the Department of Transportation’s Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grants and the Environmental Project Agency’s superfund program.
Compliance reviews for the construction megaprojects included in the March 2023 and October 2023 CSALs will not begin until 2024 at the earliest. Many of the projects on these CSALs are still in the contracting phase of the project. Decisions on the construction companies that will be involved in these projects may not be made until 2024 or later. However, OFCCP expects to begin having meetings with the companies involved in these construction megaprojects as soon as contractors are chosen. These meetings will occur before formal compliance reviews begin.
Construction continues to be a major focus area for OFCCP. Since September of 2020, the agency has released three CSALs for construction projects along with the two construction megaprojects CSALs. OFCCP completed 103 construction compliance reviews during the first three quarters of federal fiscal year 2023. As a comparison, in federal fiscal year 2020, the agency completed 2 construction compliance reviews. A number of construction companies received closure documents following compliance reviews that required changes to their personnel policies or practices.
Construction companies expecting to be part of any of the projects on the most recent construction megaproject CSAL should take the following steps:
- Ensure the company can meet the requests found in the letter that opens a construction compliance review.
- Review OFCCP’s Technical Assistance Guide for construction contractors.
DCI Consulting is available to assist construction companies that expect to undergo compliance reviews by OFCCP.
