Federal Contract Compliance Manual

Access the PDF version of the FCCM. Note: the FCCM has been edited since this PDF was published. Please see the HTML version for the latest updates.

More in This Section

Table of Contents
Introduction
Chapter 1 Desk Audit
Chapter 2 On-Site Review
Chapter 3 Construction Industry Compliance Program
Chapter 4 Corporate Management Compliance Evaluations
Chapter 5 Functional Affirmative Action Program Compliance Evaluations
Chapter 6 Complaint Investigation
Chapter 7 Employment Discrimination Remedies
Chapter 8 Resolution of Noncompliance
Key Words and Phrases
Glossary of Abbreviations
Appendices A-1 – A-13
Figures 1 – 6
Letters L-1 – L-41

November 13, 2023

The PDF version of the FCCM was re-published on November 3, 2023.

September 5, 2023

OFCCP’s Federal Contract Compliance Manual has been updated to reflect the 2023 Pre-enforcement Notice and Conciliation Procedures final rule. The Manual provides guidance for OFCCP’s compliance officers (“COs”) in conducting compliance evaluations, complaint investigations and providing federal contractors with compliance assistance.

Chapter 2- Onsite

2O00 Summary of Findings- Updated language regarding indicators to “preliminary findings of potential discrimination”.

Chapter 8- Resolution of Noncompliance

8A00 Applicability- Removed references to 2020 final rule, “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination”.

8B02 Documents Used in the On-Site and Off-Site Phases of Compliance Evaluations (Supply & Service and Construction)- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E Predetermination Notice- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E00 Use of a PDN- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E00 Use of a PDN - Added language to make clear contractors have the option to waive the PDN/ NOV process and enter the expedited conciliation option.

8E01 Contents of a PDN- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E01 Contents of a PDN- Updated language regarding the information and evidence necessary to issue PDN.

8E01 Contents of a PDN- Notes new violations identified after issuing a PDN can be included in a subsequent NOV or SCN, without amending/ reissuing the original PDN.

Key Words and Phrases- “Predetermination Notice (PDN)” definition- Updated language regarding indicators to “preliminary findings of potential discrimination”.

Letters- Updated L-35 Predetermination Notice (PDN) and L-36 Notice of Violation (NOV)

August 25, 2023

The Office of Management and Budget reauthorized OFCCP’s Supply and Service Scheduling Letter. OFCCP has updated the Scheduling Letter to reflect the reauthorization. The scheduling letter encourages contractors to submit information electronically, clarifies existing requirements, and requests new information that will allow OFCCP to better assess compliance.

August 25, 2023

The Section 503 Focused Review Scheduling Letter and Itemized Listing has expired and OFCCP did not seek reauthorization. This letter is no longer available for use and this section of the FCCM has been intentionally left blank.

January 7, 2021

OFCCP updated page 19 of the S&S SCER to add parental leave and fringe benefits to the section covering 41 CFR 60-20, Sex Discrimination.

January 4, 2021

OFCCP updated this section to alert COs of the applicability of the final rule, “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures To Resolve Potential Employment Discrimination,” 85 FR 71553 (Nov. 10, 2020), which was recently codified.

December 8, 2020

Letters L-35, Predetermination Notice, and L-36, Notice of Violation, have been updated to reflect the final rule adopted December 10, 2020. This rule revises OFCCP's regulations applicable to procedures to resolve potential employment discrimination. FCCM Chapter 8 will be updated soon in keeping with the revised regulations.

October 30, 2020

OFCCP updated this section to provide additional guidance to Compliance Officers on how to evaluate a contractor’s religious accommodation process.

December 31, 2019

OFCCP’s Federal Contract Compliance Manual (FCCM) has been updated! The Manual provides guidance for OFCCP’s compliance officers (“COs”) in conducting compliance evaluations, complaint investigations and providing federal contractors with compliance assistance. It has been updated throughout to reflect revisions to OFCCP’s regulations, changes in practices, and to ensure transparency and provide greater clarity for the user on a number of issues.

Provided in this Update Alert, by chapter, section, or document, is a list of the many changes that have occurred since the FCCM was last updated in 2014. Links are embedded to direct you to the start of each FCCM chapter, section, or directive or other identified document. We suggest that as you review the updates you read the entirety of the referenced section(s) in which an update occurred, (e.g. for Focused Reviews read Sections 1A, 1B and the Focused Review Directive), in order to better understand the full context of the update.

Inserted new protected bases (sexual orientation, gender identity, discussing, disclosing, inquiring about compensation), where appropriate
Revised to align with Focused Review Directive (e.g., 1A00, 1B03)
Revised to align with Transparency Directive (e.g., 1B04, 1C, 1R)
Corrected references for figures and appendices and other clarifying, nonsubstantive edits (e.g., 1A04, 1B03, 1B05)
Added language describing Academic Institution Evaluations (1A11)
Referenced new tool COs may use to determine if contractors reported to the GSA that they had developed their AAPs (1B04)
Memorialized current procedures on desk audit data requests (1C04)
Memorialized current procedures for reviewing the Itemized Listing for inclusion (1E03)
Added and updated language describing the Section 503 and VEVRAA nondiscrimination and affirmative action requirements, where appropriate, including regulatory citations
- Recordkeeping Requirements (1C02)
- Missing AAP Elements (1E02)
- Review of Section 503 AAP and Itemized Listing Data for Acceptability (1G)
  - Outreach and Positive Recruitment (1G07)
  - Data Collection Analysis (1G12)
  - Section 503 Utilization Goal Analysis (1G13)
  - Outreach and Positive Recruitment (1H07)
  - Data Collection Analysis (1H12).
  - VEVRAA Benchmark Database (1H13)
  - Updated equal opportunity clause requirements to include Section 503 and VEVRAA Regulations, and amendments to Executive Order 11246 (adding sexual orientation, gender identity and pay transparency protections)
  - Clarified “pre-onsite,” in the context of desk audit, and “onsite” when supplemental data requests are made beyond the desk audit stage but before going onsite (2B, 2C04)
  - Added onsite confirmation letter template
  - Referenced term “nonstatistical evidence” to align with current guidance on evidence (2E00)
  - Updated to include pay transparency discussion and onsite procedures (2E03b)
  - Updated procedures for interviews for when contractors wants to have a lawyer or management present. (2F00d-e)
  - Added and updated language describing the Section 503 and VEVRAA nondiscrimination and affirmative action requirements, where appropriate, including regulatory citations
    - Section 503 AAP and Additional Requirements (2H)
      - Analyze Data Collected on Applicants and Hires with Disabilities (2H00k)
      - Invitation to Self-Identify as an Individual with a Disability (2H02)
      - Analyze Data Collected on Applicants and Hires Who Identified as Protected Veterans (2I00k)
      - Invitation to Self-Identify as a Protected Veteran (2I02)
      - Inserted new protected bases (sexual orientation, gender identity, discussing, disclosing, inquiring about compensation), where appropriate
      - Updated description of Mega Construction Program to match its current scope regarding compliance assistance (3B04)
      - Corrected change in terms (e.g., 3C00 and 3C02 “economic area” to “non-SMSA”)
      - Updated construction subcontract award information relevant to construction subcontractor award notifications (3C02)
      - Lifted language from Chapter 1 on pre-review preparation, rather than referring readers back to Chapter 1 (3E00 – 3E06)
      - Edited for consistency across chapters (3E03)
      - Edited the Construction Standard Compliance Evaluation Report (SCER) to remove specific parts of the SCER where information must be entered in a newly adopted Excel version (3Q)
      - Added and updated language describing the Section 503 and VEVRAA nondiscrimination and affirmative action requirements, where appropriate, including regulatory citations (3N)
      - Inserted new protected bases (sexual orientation, gender identity, discussing, disclosing, inquiring about compensation), where appropriate
      - Added and updated language describing the Section 503 and VEVRAA nondiscrimination and affirmative action requirements, where appropriate, including regulatory citations
      - Edited for consistency with Chapter 1 (4B06)
      - Inserted new protected bases (sexual orientation, gender identity, discussing, disclosing, inquiring about compensation), where appropriate
      - Updated to align with revised FAAP Directive (5A)
      - Added a section explaining the FAAP Agreement (5A02)
      - Clarified the role of the National Office in Scheduling FAAP Reviews and creating an electronic Chronology Log (5B00 – 5B01)
      - Clarified the role of the National Office in proactively providing compliance history to the field (5B03)
      - Added and updated language describing the Section 503 and VEVRAA nondiscrimination and affirmative action requirements, where appropriate, including regulatory citations
        
        Review of Section 503 and VEVRAA AAPs (5C00)
        
        Inserted new protected bases (sexual orientation, gender identity, discussing, disclosing, inquiring about compensation), where appropriate
        
        Updated language to reflect current agency procedures on referral and retention of complaints (6B)
        
        Added section on providing contractors a 10-day notice, to comply with Title VII and Section 503 (6C02)
        
        Added language extending the time COs have to perfect complaints to 15 days (6C03)
        
        Added and updated language describing the Section 503 and VEVRAA nondiscrimination and affirmative action requirements, where appropriate, including regulatory citations
        
        Allegations Specific to Disability Complaints (6E06)
        
        Allegations Specific to VEVRAA (Non-Disability) Complaints (6E07)
        
        Gathering Relevant Data and Conducting Interviews (6I03)
        
        Disability Complaints (6I03d)
        
        Complaints from Protected Veterans (6I03e)
        
        Allegations Specific to EO 11246 (6E05)
        
        Gathering Relevant Data and Conducting Interviews (6I03)
        
        Claims on the Basis of Sexual Orientation (6I03c2)
        
        Claims on the Basis of Gender Identity (6I03c3)
        
        Pay Transparency Claims (6I03c4)
        
        Not Making an Accommodation for Pregnancy (6I03c5)
        
        Clarified issuance of notice anytime OFCCP administratively closes a dual filed complaint that is not being referred (6L04)
        
        Updated references to Section 503 and VEVRAA, as appropriate
        
        Updated to align with the Predetermination Notice (PDN) Directive, including a new template PDN (8B02, 8E00, 8E01)
        
        Added language that a contractor has 5 days from the due date of a progress report to submit it unless a reasonable extension is requested (8B04)
        
        Added language to make clear that Show Cause Notices are issued whenever the contractor refuses to provide access to records (8D01)
        
        Modified regarding delegation authority to rescind Show Cause Notices without express approval from National Office (8D08)
        
        Updated to include new template notice documents that are attachments for the model Conciliation Agreement (8H)
        
        Added reference to nonstatistical evidence to align with Compensation Directive (8K01)
        
        Deleted Standard CA Text from Chapter (F-5)
        
        Updated references to Section 503 and VEVRAA, as appropriate
        
        Edited for consistency of definitions used in OFCCP technical assistance materials
        
        Added terms that needed to be defined and removed terms no longer applicable (e.g., removed Active Case Enforcement (ACE))
        
        A-1. Modified Supply and Service SCER to achieve a number of improvements, including:
        
        Reduced the number of pages
        
        Consolidated some of the duplicate entries
        
        Incorporated all Section 503 and VEVRAA requirements
        
        Incorporated sexual orientation and gender identity requirements
        
        Incorporated pay transparency requirements
        
        Captured racial and ethnic data provided by the contractor
        
        Added box on the SCER for COs to check to indicate whether Early Resolution Procedures (ERP) was used to align with ERP Directive
        
        Added language on where to record ERP activities and pre-onsite efforts based on feedback from the SCER briefing
        
        Deleted the Appendix for the CMCE Supplement Narrative Report as it is captured in the SCER
        
        Deleted the Appendix with Interest Rates on Back Pay because the information is available electronically
        
        F-1. Added Compliance Check Control Sheet
        
        F-3. Updated Scheduling Letter and Itemized Listing with a new expiration date
        
        F-4. Updated complaint form to include new protected bases: sexual orientation, gender identity, pay transparency protections
        
        F-6. Replaced model CA with updated version in addition to template notice documents and deleted Addenda A and B
        
        Replaced outdated Office of Management and Budget approved forms, (e.g., Complaint Form)
        
        Letters updated to reflect current regulatory citations and agency processes and practices.
        
        Deleted Request for Literature Search because the process is no longer used
        
        Added new and updated letter templates to assist COs