OFCCP Recordkeeping and Reporting Requirements--Supply and Service

OMB NO. 1215-0072

Expires

VIA CERTIFIED MAIL

(NUMBER)

RETURN RECEIPT REQUESTED

(Name of CEO)

(Title of CEO)

(Establishment Name)

(Street Address)

(City, State, Zip Code)

Dear (Name of CEO):

Your establishment located at ________________________________ has been selected by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) for a compliance evaluation in accordance with 41 CFR 60-1.20. The OFCCP enforces Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212, or VEVRAA). These laws require federal contractors and subcontractors not to discriminate and to take affirmative action to ensure equal employment opportunity for all individuals, including women, minorities, persons with disabilities, and protected veterans.

As specified in OFCCP regulations at 41 CFR 60-1.40, 41 CFR 60-2.1, 41 CFR 60‑741.40, 41 CFR 60-250.40, and 41 CFR 60-300.40, federal contractors and subcontractors employing at least 50 people and having a contract which totals $50,000 or more (or in the case of 41 CFR 60-300.40, $100,000 or more) are required to develop written affirmative action programs (AAPs) for each of their estab­lishments. In addition, 41 CFR 60-1.12, 41 CFR 60-741.80, 41 CFR 60-250.80, and 41 CFR 60-300.80 impose upon federal contractors and subcontractors certain record retention obligations. Contractors must maintain all records relating to personnel or employment activities. Such records provide support data for a contractor’s AAP, and enable the contractor to document and demonstrate nondiscrimination and affirmative action compliance.

OFCCP evaluates compliance through a variety of investigative procedures: compliance check, off-site review of records, focused review, or compliance review. Under the Executive Order 11246 and VEVRAA programs, a contractor’s compliance may be evaluated under any one or any combination of these procedures.

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At this time your establishment is scheduled for a compliance check under 41 CFR 60-1.20(a)(3), 60-250.60(a)(3), 60-300.60(a)(3), 60-741.60(a)(3), 60-1.12, 60-250.80, 60-300.80, and 60-741.80. This compliance check will focus on whether certain employment records are being maintained by the establishment in accordance with the requirements of the regulations at 41 CFR 60-1.12, 60-250.80, 60-300.80, and 60-741.80.

The OFCCP final rule published in the Federal Register on June 22, 2005 (70 FR 36262) amended the requirements for conducting a compliance check. A contractor may choose to provide its documents to OFCCP either on-site or off-site. The amended rules concerning conducting a compliance check are located at 41 CFR 60-1.20(a)(3), 60-250.60(a)(3), 60-300.60(a)(3), and 60-741.60(a)(3).

In order to facilitate OFCCP’s compliance check, please have the following information available for the on-site review or else submit the information to OFCCP within 30 days of your receipt of this letter: results under your prior year’s Affirmative Action Program (41 CFR 60-1.12(b)); examples of job advertisements, including listings with state employment services (41 CFR 60-1.12(a), 60-250.80, 60-300.80, and 60-741.80); and examples of accommodations made for persons with disabilities (41 CFR 60-1.12(a), 60-250.80, 60-300.80, and 60-741.80). If you choose that we review the documents on-site, then when we come onsite, these are the items we are going to look at. This office will review the requested records to ensure they have been maintained as required by 41 CFR 60-1.12, 60-250.80, 60-300.80, and 60-741.80. A Compliance Officer will contact you shortly to establish the date and time so that your records may be inspected expeditiously.

While the compliance check consists only of a brief review of data, please note that as a Federal contractor/subcontrac­tor you are required to comply with all the regulations enforced by OFCCP. More information regarding obligations as a federal contractor may be found on our website (http://www.dol.gov/esa/ofccp/index.htm), or you may request a copy of the regulations from this office.

Failure to allow access to your establishment or failure to submit the listed items to OFCCP will result in the selection of your establishment for another, more in-depth form of compliance evaluation. Should this occur, you will be notified in writing.

If you have any questions concerning this matter please feel free to contact (OFCCP contact person’s name and telephone number).

Sincerely,

(Name of District Director)

District Director

NOTE: The authority for requesting the following information is Executive Order (EO) 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), as amended, 38 U.S.C. 4212.  The information will be used in the compliance evaluation process.  Furnishing the requested information is required.  Failure to furnish the requested information may constitute noncompliance with the contractor’s obligations per the above authorities.  

 

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number.  The valid OMB control number for this information collection is 1215-0072. The time required to complete this information collection is estimated to average .5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.  Send any comments concerning this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Federal Contract Compliance Programs, Room C-3325, 200 Constitution Avenue, N.W., Washington, D.C. 20210.