Transmittal Number: 261
DATE: February 2, 2004
OFCCP ORDER NO.: ADM Notice/Other
Expiration Date: 01/31/2010
- SUBJECT: Exemplary Voluntary Efforts (EVE), Exemplary Public Interest Contribution (EPIC) and the Secretary of Labor's Opportunity Awards.
- PURPOSE: To outline the eligibility criteria, the nomination process and the administrative procedures for the EVE, EPIC and the Secretary of Labor's Opportunity Awards.
- ORIGINATOR: Division of Management and Administrative Programs.
- DISTRIBUTION: A, B, C
(Signed) Charles James February 2, 2004
Charles E. James, Sr. DATE
Deputy AssistantSecretary for
Federal Contract Compliance
- SUBJECT: Exemplary Voluntary Efforts (EVE), Exemplary
Public Interest Contribution (EPIC) and the Secretary of Labor's Opportunity
- PURPOSE: To outline the eligibility criteria, the nomination
process and the administrative procedures for the EVE, EPIC and the Secretary
of Labor's Opportunity Awards.
- ORIGINATOR: Division of Management and Administrative
- BACKGROUND: The Secretary of Labor's Opportunity Award
will be presented by the Secretary of Labor to one contractor each year that
has established and instituted comprehensive workforce strategies to ensure
equal employment opportunity.
The EVE Award will be presented by the Deputy Assistant Secretary for Federal
Contract Compliance (DAS) to those contractors that have demonstrated, through
programs or activities, exemplary and innovative efforts to create an inclusive
workforce. For the purpose of this Notice, the term "Federal contractor" includes
federally-assisted construction contractors and subcontractors.
The EPIC Award will be presented by the DAS to selected public interest organizations
that have supported equal employment opportunity and linked their efforts
with those of Federal contractors to enhance employment opportunities for
those with the least opportunity to join the workforce. Through these exemplary
efforts, these organizations help to ensure that all Americans enjoy their
rightful place in the workforce.
- ELIGIBILITY CRITERIA:
- The following criteria apply to the EVE and the Secretary of Labor's Opportunity
- Each award recipient must be a Federal contractor covered by Executive
Order 11246, as amended; Section 503 of the Rehabilitation Act, as amended;
and the Vietnam Era Veterans' Readjustment Assistance Act, as amended.
- Nominees must not have any unresolved violations of Federal law, as
determined by compliance evaluations, complaint investigations, or other
Federal inspections and investigations. In addition, the nominee must
not have any enforcement actions pending, or be subject to any corrective
actions or consent decrees that have resulted from litigation under laws
enforced by the Department of Labor (DOL).
- The EVE Award nominations can be for a single establishment or for the
entire corporation. Recipients or the EVE and Secretary of Labor's Opportunity
Award must have developed and implemented a multi-faceted equal employment
opportunity program directed towards the changing demographics of the
labor force. This may include involvement in community based projects
that assist in the development of a diverse workforce for the future.
The Secretary of Labor's Opportunity Award nomination must be for the
- The following criterion applies to each EPIC Award Nominee:
- The Nominee must be a non-profit public interest organization whose activities
support the mission of the OFCCP. Such actions may include, but are not
limited to, recruitment, education, training, and linkage with employment
referrals to Federal contractors.
- NOMINATION SUBMISSION REQUIREMENTS:
- Federal Contractors: EVE/Secretary of Labor's Opportunity Award
- 1. The single establishment or multiple establishments for which the company is being nominated must demonstrate a commitment to equal employment opportunity, and clearly show measurable results that have significantly enhanced equal employment opportunities for employees, including minorities, women, individuals with disabilities, and protected veterans. The programs or activities should address proven best practices to ensure America's inclusive workforce.
- The nomination packages should be limited to only that information relevant to the nominee's program(s).
- The nomination package should include an executive summary that clearly identifies the specific establishment(s) under nomination and describes their results.
- Nomination packages must include the following for consideration:
- Specific data on training, placements, resources expended and other relevant information that will help in evaluating the nominee's
- A description of the external programs and/or activities that have had a positive and measurable impact on the community;
- The award for which the contractor is being nominated (please indicate in large bold letters); e.g.,
EVE/SECRETARY OF LABOR'S OPPORTUNITY AWARD, including the specific activity, program, or establishment for which the nomination
is submitted. The Secretary of Labor's Opportunity Award nomination package must be corporate-wide. Please specify if the EVE
nomination is for the establishment or corporate-wide.
- Data summary on Nominee:
- Name of the Contractor being nominated,
- Full address and telephone number,
- Name of the highest-ranking Officials,
- Name of executive responsible for human resources or equal employment opportunity at nominated establishment and/or corporate office,
- Name of Parent Company (where appropriate),
- Name, address and telephone number of CEO or President of Parent Company,
- Name, title, address and telephone number of a contact person,
- Number of employees at the establishment or corporation being nominated,
- Name and description of principal product(s) or services,
- Copies of the most recently filed establishment and consolidated Employer Information Reports (EEO 1) and VETS 100 reports, and
- Names of individuals and other relevant information about the contractor's Board of Directors.
- Exemplary Public Interest Organizations: EPIC Award
- 1. An executive summary must accompany each nomination package. The summary must clearly identify specific activities and the results of those activities implemented by the nominee that demonstrate support of the mission of OFCCP in an effort to promote equal employment opportunity.
- In addition, the following information must also be included with the nomination package:
- Name and address of organization;
- Name, address and title of highest ranking official;
- Name, address, title and telephone number of contact person;
- Services provided;
- Number of employees; and
- Copy of the most recent Annual Report for the organization, if any.
- HOW TO SUBMIT NOMINATIONS:
- Regional Directors must submit nominations of contractors and public interest organizations to the DAS by March 1 of each year.
Any extension of this March 1 date requires approval, in writing, by the DAS or his/her designee.
- ny division of the OFCCP National Office may submit EPIC nominations.
- Self-nominations are not permitted.
- THE ADMINISTRATIVE REVIEW PROCESS::
- Review at the Regional Office level
- A determination of compliance is a condition of nomination for the EVE award. When the Regional Director nominates a contractor, after having reviewed the contractor's establishment and found it in compliance, another compliance evaluation is not necessary, provided an evaluation was completed within 24 months of the nomination of the contractor. In addition, EEO-1 reports, personnel activity or compensation analysis, etc., will be reviewed to determine the contractor's continued compliance, and further analysis will be conducted if appropriate, in order to make this determination.
- As stated in Nomination Submission Requirements, above, nominations for the Secretary of Labor's Opportunity Award must be based on the corporation as a whole.
In addition, EVE nominations may be based on the entire corporation. Corporate-wide nominations will be considered only if the policies and procedures are successfully
implemented corporate wide. This determination will be made by the DAS after a thorough corporate wide evaluation is completed.
- The Regional Office must review all appropriate records of all nominees before submitting their nomination packages to the National Office.
- The Regional Office must ensure that all nominations for the Secretary of Labor's Opportunity, EVE and EPIC awards have been vetted at the local and Regional Office levels before submitting those nominations to the National Office for evaluation and review.
- The Compliance Assistance Specialist in each region, or other official designated by the Regional Director, will serve as the Awards
Coordinator for his/her region.
- Review by the Evaluation Committee
The Secretary of Labor's Opportunity, EVE, and EPIC award nominations will be assessed by an evaluation team. Upon completion of the review process, the team will make recommendations to the DAS.
- Review by the National Office
Clearances for each semi-finalist are sought from all DOL entities and other Federal agencies. The responses are reviewed before a final selection is made. OFCCP will continue its practices of vetting (obtaining clearances), prior to the announcement of the final award decisions.
Final selections are made by the DAS.
- OTHER FACTORS TO BE CONSIDERED DURING THE ADMINISTRATIVE REVIEW PROCESS:
- If a nominee merges with another company during the evaluation process, only that information relative to the original company will be evaluated, and the award will be limited to the original company.
- If a nominee is selected to receive an award, it will be notified of the selection at least six weeks, or as soon as possible, before the awards ceremony and given the program specifics. Non selected nominees will also be notified.
- If a nominee is selected, it will be asked to:
- Submit a two-minute video of program(s) or activity(ies) for which it is being recognized;
- Display an exhibit (EVE/EPIC winners) or showcase (Secretary of Labor's winner) of programs
or activities for which it is being recognized;
- Participate in the EEO workshops hosted by OFCCP.
- MORATORIUM OF COMPLIANCE EVALUATIONS OF RECIPIENTS:
- Recipients of the EVE award will not be scheduled for a compliance evaluation during the three-year period following the date the recipient receives the award, unless: (1) a complaint suggests equal employment opportunity problems that warrant a compliance evaluation; (2) State Fair Employment agencies or EEOC investigations reveal significant equal employment opportunity problems; or (3) the DAS, acting upon a credible report of a violation of a law enforced by OFCCP, determines that a compliance evaluation is warranted.
- The recipient of the Secretary of Labor's Opportunity Award or the recipient of a corporate-wide EVE Award will be eligible for the three-year moratorium described in paragraph (A) as well. Since the award is bestowed upon the entire corporation, the moratorium will be extended to all of its establishments, provided that a determination is made by the DAS that all those establishments are eligible for the moratorium.
- The moratorium is not applicable to establishments that were not part of the recipient's organizational structure during the period for which the recipient receives the award; e.g., subsequent mergers, acquisitions, successors, assignees, or transferees of the recipient.
The Awards ceremony is generally held during the month of October or November
at a location to be determined by the Secretary of Labor.
This Directive remains in effect until superceded.
(Signed) Charles James February 2, 2004
Charles E. James, Sr. DATE
Deputy Assistant Secretary for
Federal Contract Compliance