Office of Federal Contract Compliance Programs (OFCCP)

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Functional Affirmative Action Plan (FAAP)—

• How did my company get selected for an OFCCP compliance evaluation?
• Where will the functional scheduling letters come from, and where will I submit the written AAP and support data for my function?
• What letter is OFCCP using to schedule FAAP reviews?
• Will other functional units of my company get evaluated during the current year?
• Does a functional compliance evaluation resemble an establishment-based evaluation?
• How does a functional compliance evaluation differ from an establishment-based evaluation?
• Once a compliance evaluation has been completed, when can our company expect that function to be evaluated again?

How did my company get selected for an OFCCP compliance evaluation?

All contractors that have had a Functional Affirmative Action Program (FAAP) Agreement with OFCCP for at least 120 days were entered into a computer database for scheduling purposes. The computer randomly selected one function or business unit from each contractor for a compliance evaluation.

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Where will the functional scheduling letters come from, and where will I submit the written AAP and support data for my function?

The FAAP Unit, headed by FAAP Director Cynthia E. Deutermann, is based at OFCCP's national office in the Division of Program Operations in Washington, D.C. For now, all scheduling letters will be mailed from that office, and contractors will submit their functional AAPs and support data to the national office within thirty days of receipt of the scheduling letter.

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What letter is OFCCP using to schedule FAAP reviews?

OFCCP is using the supply and service scheduling letter that has been approved by OMB for scheduling establishment-based compliance evaluations. A minor, non-substantive change has been made to the letter to clarify the unit that is being scheduled; otherwise the letter and itemized listing are identical.

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Will other functional units of my company get evaluated during the current year?

That is possible. OFCCP is conducting the scheduling in rounds. The first round, which was conducted during the summer of 2004, was a pilot study to test proposed evaluation procedures. For the second round, which began in January 2005, one function was selected per contractor with a FAAP Agreement that had been place for 120 days. No additional scheduling is planned until after the desk audit phase of the second round of compliance evaluations is substantially completed.

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Does a functional compliance evaluation resemble an establishment-based evaluation?

In terms of the analytical techniques and procedures OFCCP uses to evaluate a contractor's equal employment opportunity compliance, functional compliance evaluations will look very much like establishment-based ones. For example, impact ratio analyses will be conducted on the personnel activity that occurs in your function's job groups. If through such analyses, there are no indications of a potential problem, as may occur in many evaluations, the evaluation will close following a desk audit of the written AAP and support data submitted by the contractor for the functional unit. When an onsite review is necessary, OFCCP compliance officers will inspect I-9 forms, interview employees and supervisory personnel, analyze employment records, and inspect the facility(ies) for required posters and accessibility, as appropriate. In some cases, OFCCP will need to perform additional offsite analysis of some of your records following the onsite review. All of these activities already take place when OFCCP evaluates the compliance of contractor establishments.

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How does a functional compliance evaluation differ from an establishment-based evaluation?

A functional compliance evaluation differs chiefly in the logistics necessary to carry it out. Since a functional unit's managers, employees, and personnel records can be spread widely across a region or even the entire country, OFCCP may need to travel to more than one contractor facility to conduct an onsite review. For example, the pertinent supervisors and employees who must be interviewed to address a potential issue may work in different cities. Consequently, onsite reviews may be conducted in phases at different locations, and national office and local compliance officers may work together onsite. Alternatively, OFCCP's efficient use of resources may sometimes dictate that staff from a nearby regional, district, or area office perform certain aspects of a compliance evaluation on behalf of the national office. In still other cases, e-mailing, faxing, or shipping records, along with conducting interviews by telephone or teleconference, will address logistical challenges. Depending on where relevant employees or personnel files reside, it may make sense for OFCCP to conduct an onsite review at a facility other than the functional headquarters or where the function managing official works.

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Once a compliance evaluation has been completed, when can our company expect that function to be evaluated again?

Evaluations of functional units will follow OFCCP's policy not to revisit an establishment within 24 months after the completion of a compliance evaluation. Thus, a functional unit would not be selected for a compliance evaluation for 24 months or longer following the date of closure letter.