By: Bill Osterndorf
The Office of Management and Budget (OMB) has given final approval to a monthly data collection from construction companies. The Office of Federal Contract Compliance Programs (OFCCP) had requested this data collection in February of 2024, and OMB gave its approval on September 29, 2024. Excel and PDF versions of the data collection form can be found on the Reginfo.gov website.
Data Requested on Construction Employees
The final version of the data collection form does not appear to have changed from the form that was released in July of 2024. We described the form, the CC-257, in a previous blog. As noted there, the form asks for information by construction trade within five categories for each geographic area where work is performed:
- Forepersons
- Journey Workers
- Apprentices
- Trainees
- Non-apprenticed Laborers or Helpers
Construction companies must provide the following information by construction trade within these five categories:
- Work hours for the five categories above by sex within each race and ethnicity designation being used on the current EEO-1 form
- The total number of employees by sex within each race and ethnicity designation found on the EEO-1 form
The form states that construction companies must report separately for each geographic area.
The revised version of form CC-257 also requests the following general information from each construction company completing the report:
- Company name and federal employer information number
- Unique Entity ID (UEI) or Data Universal Numbering System (DUNS) number
- Names of federal agencies providing funding for projects
- Number of geographic areas covered in the submission
- Whether the project is part of an OFCCP Megaproject
- Name regarding the person submitting the report
- Signature of company official certifying that information in the report is correct
Submitting Form CC-257
Construction companies that have a federal contract or subcontract in excess of $10,000 must submit Form CC-257 each month. Construction companies that have a federally assisted construction contract or subcontract must also make this monthly submission. (A federally assisted contract would include a contract with a state Department of Transportation regarding a road-building project where federal money is involved in the project.) The form must be submitted on the 15th day of the month unless the 15th is a weekend or federal holiday.
OFCCP has stated that it will provide a website where information can be submitted. It appears that OFCCP expects construction companies will use the Excel spreadsheet available at the Reginfo.com website for submitting data. OFCCP has stated that it will accept e-mail submissions of a PDF version of Form CC-257. That PDF is also available at the Reginfo.com website.
Race/Ethnicity and Gender Identity Classifications
Form CC-257 uses the race/ethnicity categories found in the current EEO-1 report. However, it does not show Hispanic as an ethnicity as the EEO-1 report does. Instead, it shows Hispanic as one of race/ethnicity classifications on the report. This conforms to revisions found in new guidance from OMB on collecting race and ethnicity data from the public. OMB has also instructed OFCCP to determine how it will make other changes to conform to this new guidance, found in Statistical Policy Directive 15. These changes will include adding a race/ethnicity category for employees who self-identify as being of Middle Eastern or North African heritage.
OFCCP’s supporting statement regarding Form CC-257 discusses reporting for non-binary employees. For these employees who do not self-identify exclusively as male or female, OFCCP has indicated that demographic data on work hours and number of employees may be provide in an optional comments field. This parallels the approach EEOC has taken to reporting on non-binary employees for EEO-1 reports.
Issues Regarding Form CC-257
While the requirement to submit Form CC-257 appears to be effective now, it is not clear when OFCCP will be actively seeking monthly reports from construction companies. As of October 3, 2024, OFCCP has not provided the web address where construction companies are to submit reports. OFCCP has also made no formal announcement to the federal contractor community about a start date for when it expects Form CC-257 should be submitted.
It is not clear how OFCCP expects electronic submissions of Form CC-257 will be made. OFCCP may allow construction companies to complete and upload the Excel spreadsheet version of Form CC-257 the agency has designed. Alternately, OFCCP may develop a web portal where employers will enter or upload information without using the Excel spreadsheet.
Form CC-257 indicates that construction companies must provide information on work within the geographic area “identified in the notice required under 41 CFR 60-4.2.” Section 41 CFR 60-4.2 of the Code of Federal Regulations requires contractors to set goals that are applicable to ALL construction work, regardless of whether there is federal money involved, in the geographic area where there is any federal or federally-assisted work occurring. Although, the regulations do not define geographic areas, OFCCP uses Standard Metropolitan Statistical Areas (SMSAs) and Economic Areas (EAs) that were in use for the 1970 U.S. Census. The instructions do not explicitly address how to report information where the notice required by 41 CFR 60-4.2 is not included in a federal or federally assisted contract (and, therefore, there is no geographic area listed) or whether construction work outside of the geographic area of the contract needs to be reported.
In OFCCP’s supporting statement regarding Form CC-257, the agency indicates that the monthly reporting required of construction companies should not be a significant burden to these companies. The agency assumed that electronic recordkeeping and payroll systems should easily allow construction companies to do this reporting. However, there are construction companies that do not have systems in place to easily provide the data required by this form. Many construction companies are likely to struggle to meet all of the requirements associated with Form CC-257.
DCI will continue to monitor this situation to see whether and when OFCCP provides more guidance on this new monthly data collection.
