On March 14, 2023, OFCCP launched its Mega Construction Project (Megaproject) Program to fosters equal opportunity in the construction trades workforce of federal contractors and subcontractors on large federal construction projects. These Frequently Asked Questions are offered to foster a better understanding of OFCCP’s Megaproject Program. They are not intended to be all-inclusive, but rather supplement other Megaproject Program materials, particularly those found on OFCCP’s Mega Construction Project Program landing page.
General Information
Megaproject Funding and Designation
- Does OFCCP provide any of the federal funding for designated Megaprojects?
- How does OFCCP decide which projects to designate as a Megaproject?
- Where are the current designated Megaprojects located?
Megaproject Participation
- Who are the key players on a designated Megaproject?
- If I am awarded a contract or subcontract on a designated Megaproject, am I required to participate?
- Are local community groups required to participate on a designated Megaproject?
- We are a local community group near a Megaproject. How do we get involved?
EEO Committees
- What is an EEO Committee?
- What stakeholders participate in an EEO Committee?
- What is the purpose of establishing an EEO Committee?
- How often do EEO Committees meet?
- Is participation in the EEO Committee by local community groups required?
- What is the Funding Agency’s and/or Grant Applicant’s role in the EEO Committee?
- What is the Prime Contractor’s role on the EEO Committee?
- What is the Subcontractor’s role on the EEO Committee?
- What are the recruitment sources, community-based organizations, and union’s role in the EEO Committee?
- What are Civil Rights Organizations, Federal Worker Protection Agencies, and Other Department of Labor Agencies’ role in the EEO Committee?
- What are the Pre-Apprenticeship and Apprenticeship Program’s role in the EEO Committee?
Construction Compliance Reviews
General Information
1. What is OFCCP’s Megaproject Program?
OFCCP’s Megaproject Program is an initiative within the agency’s broader construction program.
Projects eligible for designation as a Megaproject are large federal and federally assisted construction projects valued at $35 million or more, some part of which must be federal funding, and that are expected to last more than one year.
Through the Megaproject Program, OFCCP focuses the agency’s efforts to bring the public and private sector together on designated Megaprojects to provide a diverse pool of qualified workers with access to good jobs in the construction trades and to promote equitable hiring and fair workplaces by federal construction contractors.
2. What are the benefits of the Megaproject Program?
The Megaproject Program has been an effective strategy for increasing the representation of diverse, qualified workers in the construction trades and expanding access to good, family-sustaining jobs. OFCCP leverages its relationships in communities across the country to provide on-the-ground assistance to contractors to strengthen their hiring, recruitment, and employment practices. OFCCP also helps contractors broaden the pool of available workers by providing connections to recruitment sources so that projects can fully use the local workforce and get the needed talent. For example, OFCCP works with stakeholders to build the pipeline of workers in time for the work to begin on the project using proven equitable workforce development pathways including pre-apprenticeship and Registered Apprenticeship programs.
Megaproject Funding and Designation
1. Does OFCCP provide any of the federal funding for designated Megaprojects?
No. Federal contracting agencies enter into direct contracts to provide federal funding for the construction projects, or for federally assisted construction projects, the federal agency provides other forms of financial assistance to a Grant Applicant that then enters into contracts to perform the construction work. For example, a construction contract awarded by the General Services Administration to build a federal courthouse would constitute a direct federal construction contract. An example of a federally assisted construction contract could be a contract to build highways or bridges funded by federal grants to state Departments of Transportation.
2. How does OFCCP decide which projects to designate as a Megaproject?
In its Megaproject Program, OFCCP works to identify eligible direct federal and federally assisted construction projects when they are funded, or as soon as possible thereafter, long before any construction begins.
As mentioned above, projects eligible for designation as Megaprojects are valued at $35 million or more, some part of which must be federal funding, and are expected to last for at least one year.
From the pool of eligible projects, OFCCP designates a subset of projects through a neutral methodology based on specific criteria to participate in the Megaproject Program.
As an example, on March 21, 2023, OFCCP published a list designating 12 Megaprojects.
To produce this list, OFCCP identified federal and federally assisted construction projects valued over $35 million that were funded through the 2021 Bipartisan Infrastructure Law (BIL). This pool of projects was refined by removing projects where:
- the federal funding agency did not have a Memorandum of Understanding (MOU) with the Department of Labor,
- a Notice of Funding Opportunity (NOFO), Funding Opportunity Announcement (FOA), Solicitations, or other similar announcement through which the project was funded did not include a requirement for participation in the Megaproject Program,
- the state where the project is located did not have an OFCCP office,
- the project is beyond the pre-bid stage,
- the expected start date is beyond 2025, and
- the project is not multi-year in duration.
Next, OFCCP ranked states according to the Bureau of Labor Statistics’ U-6 unemployment rate and income by state adjusted for cost of living. The U-6 unemployment is a broader unemployment rate that includes not only people who are unemployed but people who have settled for part-time work due to economic conditions, discouraged workers who have given up on job searching, and people who have left the workforce but may return. The final ranking for a state was weighted using 60% of the U-6 unemployment ranking and 40% of the income by state ranking.
Then, OFCCP selected the projects with the largest dollar value in the lowest ranked states within each region. OFCCP did not include more than one project per state. For regions that had projects funded by multiple agencies, OFCCP included one project per funding agency. This methodology produced a total of 12 projects, with two Megaprojects in each region.
The methodology used to develop current list(s) of designated Megaprojects can be found on our Methodologies webpage on OFCCP’s website.
3. Where are the current designated Megaprojects located?
The lists of designated projects and their locations are available on OFCCP’s website at https://www.dol.gov/agencies/ofccp/scheduling-list.
Megaproject Participation
1. Who are the key players on a designated Megaproject?
The key players on a designated Megaproject include representatives from OFCCP, the funding agency (and Grant Applicant, if applicable), the prime contractor, each subcontractor, and representatives from recruitment sources, community-based organizations, unions, pre-apprenticeship and apprenticeship programs, civil rights organizations, federal worker protection agencies, and other Department of Labor agencies. To learn more about the roles each of these types of organizations perform on a designated Megaproject, please see the EEO Committees section below.
2. If I am awarded a contract or subcontract on a designated Megaproject, am I required to participate?
Yes. Each of the designated Megaprojects is funded by federal agencies whose Notice of Funding Opportunities (NOFO) or other similar solicitations include language requiring entities receiving the funding to participate in the Megaproject Program if designated by OFCCP. Through these partnerships, OFCCP has asked these agencies and/or project sponsors to make clear to construction contractors in the pre-bid stage that participation in the Megaproject Program is required.
3. Are local community groups required to participate on a designated Megaproject?
No. Participation on a designated Megaproject by local community groups is voluntary.
4. We are a local community group near a Megaproject. How do we get involved?
To get involved, local community groups should contact the OFCCP Regional office where the Megaproject is located. Find the contact information for OFCCP Regional Offices.
EEO Committees
1. What is an EEO Committee?
An EEO Committee is comprised of a broad range of stakeholders (e.g., contractors, unions, community-based organizations, etc.) who work together on a designated Megaproject to identify available employment opportunities, improve recruitment, and remove barriers to employment for individuals from underrepresented communities.
2. What stakeholders participate in an EEO Committee?
At a minimum, the EEO Committee includes representatives from OFCCP, the funding agency (and Grant Applicant, if applicable), the prime contractor, and each subcontractor. Additional members of the EEO Committee could include representatives from any of the following, where possible or applicable:
- Community-Based Organizations (CBOs);
- Recruitment Sources (Including those geared toward Women, Minorities, Individuals with Disabilities, and Protected Veterans);
- Unions;
- Apprenticeship and Pre-Apprenticeship Programs;
- Local American Job Centers (including Disabled Veterans’ Outreach Specialists (DVOPs) and Local Veterans’ Employment Representatives (LVERs), for direct federal construction contracts);
- Worker Centers;
- Community Colleges and other Institutes of Higher Education or Trade Schools;
- Civil and Worker Rights Organizations;
- Tribal Employment Rights Offices;
- Women’s Apprenticeship and Non-Traditional Occupation Grantees;
- Project Labor Agreement (PLA) or Community Benefits Agreement (CBA) Participants; and
- Federal, State, and Local Government Agencies.
This list of potential members is not all inclusive and the composition of the EEO Committee may change as the project progresses. For example, subcontractors may finish their work and new contractors start on the project or new recruitment sources may be established and invited to join.
3. What is the purpose of establishing an EEO Committee?
The purpose of the EEO Committee is to develop and maintain relationships and engage all the relevant stakeholders, including those from the community, from the beginning of the Megaproject to discuss strategies for removing barriers to equal employment opportunity, including robust outreach, training, and recruitment efforts.
At the beginning of the Megaproject, the EEO Committee will discuss each of the member’s roles and their involvement in the EEO Committee, as well as review the project timeline and stages. The EEO Committee plans on building a talent pipeline of diverse, qualified workers that is ready when hiring begins on the project, including planning outreach and recruitment activities. The EEO Committee will also focus on providing technical assistance, including, as appropriate, having other government agencies provide information concerning the laws and authorities they enforce, and the prime contractor and subcontractor’s responsibilities.
During periods when significant hiring is likely to occur on the Megaproject, the EEO Committee will focus on the prime contractor and subcontractor’s staffing projections for the upcoming months to enable EEO Committee members to assist with recruitment for the projected openings. Contractors and subcontractors share key information about job opportunities and training programs with stakeholders to help source qualified workers. The EEO Committee will facilitate coordination between viable recruitment sources and dissemination of job announcements. The prime contractor and subcontractor(s) will also report on any barriers in outreach to and recruitment of qualified workers, including those from underrepresented groups. OFCCP will encourage discussion to develop processes and procedures for recruitment and hiring to overcome these barriers and ensure that diverse candidates have equal access to hiring opportunities and apprenticeship programs. Members of the EEO Committee will work collaboratively to develop and execute innovative solutions to ensure equal employment opportunity in the construction trades on the Megaproject.
Periodically during the Megaproject, the EEO Committee will discuss successful placements of individuals, including those from underrepresented groups, on the project since the last meeting. The EEO Committee will address information about impediments to equal employment and hiring qualified workers from all groups, and discuss corrective measures to these impediments and challenges. Additionally, the prime contractor and subcontractors will communicate any technical assistance needs they may have.
During the final stages of the Megaproject, the EEO Committee will discuss promising practices for recruiting and retaining qualified workers, including those from underrepresented groups, to share with other stakeholders in the construction industry. The EEO Committee will also focus on continuing relationships developed during the Megaproject that support EEO compliance and promote the hiring, promotion, and retention of qualified workers, including those in underrepresented groups, in the construction trades.
4. How often do EEO Committees meet?
As soon as possible after the prime contractor is selected on the designated Megaproject, OFCCP or the prime contractor convenes the EEO Committee. Convening the EEO Committee as soon as possible after the prime contractor has been selected provides the opportunity to review EEO obligations, deliver technical or compliance assistance, and connect the prime contractor and subcontractor(s) with recruitment sources for all groups, including women, minorities, individuals with disabilities, and protected veterans. Once convened, the EEO Committee establishes meeting dates based on the most appropriate frequency of meetings, depending on the stage and hiring activity on the Megaproject, and defines the respective responsibilities of the EEO Committee and the member groups. Generally, the EEO Committees meet at least monthly during the first twelve months of work on the Megaproject. Following the first twelve months of work on the Megaproject, the EEO Committees meet at least on a quarterly basis for the duration of the project and may meet more frequently during periods when hiring is likely to occur on the project to plan outreach and recruitment for hiring.
5. Is participation in the EEO Committee by local community groups required?
No. Participation in the EEO Committee by local community groups is voluntary.
6. What is the Funding Agency’s and/or Grant Applicant’s role in the EEO Committee?
The Funding Agency’s and Grant Applicant’s role in the EEO Committee includes but is not limited to:
- Attending EEO Committee meetings; and
- Assisting OFCCP, where applicable, in gaining access to secured locations/facilities.
7. What is the Prime Contractor’s role on the EEO Committee?
The Prime Contractor’s role in the EEO Committee includes, but is not limited to:
- Convening EEO Committee meetings;
- Designating the EEO manager on the Megaproject, who will also attend EEO Committee meetings;
- Hosting, where space is available, and helping create the agenda for the EEO Committee meetings;
- Identifying when employment, apprenticeship, and pre-apprenticeship opportunities become or will become available on the Megaproject;
- Coordinating pre-apprentice and apprenticeship opportunities with apprenticeship and pre-apprenticeship programs;
- Developing and maintaining strategic partnerships with current and potential EEO Committee members;
- Planning and participating in outreach and recruitment activities to attract a diverse pool of qualified applicants, including holding job fairs;
- Identifying any barriers to recruitment, hiring, promotion, training, and retention of qualified workers, including those from underrepresented groups;
- Implementing and publicizing strategies to resolve barriers to recruitment, hiring, promotion, and retention of qualified workers, including those from underrepresented groups;
- Compiling, as permitted by law, and disseminating information regarding utilization data collected from the prime contractor and subcontractors; and
- Identifying the community impact of the Megaproject and any success stories or promising practices utilized on the Megaproject in recruitment, placement, hiring, training, and retention of underrepresented groups.
8. What is the Subcontractor’s role on the EEO Committee?
The Subcontractor’s role in the EEO Committee includes, but is not limited to:
- Attending EEO Committee meetings;
- Assisting the prime contractor with identifying when employment, apprenticeship, and pre-apprenticeship opportunities become or will become available on the Megaproject;
- Participating in outreach and recruitment activities, including participating in job fairs;
- Identifying any barriers to recruitment, hiring, promotion, training, and retention of qualified workers, including those from underrepresented groups;
- Implementing and publicizing strategies to resolve barriers to recruitment, hiring, promotion, and retention of qualified workers, including those from underrepresented groups;
- Compiling, as permitted by law, and reporting information regarding the subcontractor’s own utilization data; and
- Assisting with identifying the community impact of the Megaproject and any success stories or promising practices utilized on the Megaproject in recruitment, placement, hiring, training, and retention of qualified workers, including those from underrepresented groups.
9. What are the recruitment sources, community-based organizations, and union’s role in the EEO Committee?
The recruitment sources, CBOs, and unions’ role in the EEO Committee includes, but is not limited to:
- Attending EEO Committee meetings;
- Presenting information regarding their organization and the resources they provide related to the recruitment, hiring, promotion, training, and retention of qualified workers, including those from underrepresented groups, on the Megaproject;
- Identifying and referring diverse, qualified candidates, including minorities, females, individuals with disabilities, and protected veterans, for employment on the Megaproject;
- Training diverse, qualified candidates, including minorities, females, individuals with disabilities, and protected veterans, for employment on the Megaproject;
- Participating in job fairs and outreach/recruitment activities hosted by the prime contractor;
- Providing feedback to the EEO Committee regarding challenges in the recruitment, hiring, promotion, or training of qualified candidates, including those from underrepresented groups on the Megaproject; and
- Collaborating with the prime contractor and subcontractors to effectively resolve barriers to recruitment, hiring, promotion, or training of qualified candidates, including those from underrepresented groups.
10. What are Civil Rights Organizations, Federal Worker Protection Agencies, and Other Department of Labor Agencies’ role in the EEO Committee?
The Civil and Worker Rights Organizations, Federal Worker Protection Agencies, and Other DOL Agencies’ role in the EEO Committee includes, but is not limited to:
- Attending EEO Committee meetings;
- Providing training and compliance assistance regarding applicable regulations and laws;
- Developing and maintaining strategic partnerships with current and potential EEO Committee members; and
- Leveraging relationships with external stakeholders to increase exposure of the project to the community.
11. What are the Pre-Apprenticeship and Apprenticeship Program’s role in the EEO Committee?
The Pre-Apprenticeship and Apprenticeship Program’s role in the EEO Committee includes, but is not limited to:
- Attending EEO Committee meetings;
- Presenting information regarding their organization and the resources they provide related to apprentice and pre-apprentice programs that may be used on the Megaproject;
- Identifying and referring diverse, qualified candidates, including minorities, females, individuals with disabilities and protected veterans, for apprentice and pre-apprentice opportunities on the Megaproject;
- Training diverse, qualified candidates, including minorities, females, individuals with disabilities, and protected veterans, for apprentice and pre-apprentice opportunities on the Megaproject;
- Participating in job fairs and outreach/recruitment activities hosted by the prime contractor;
- Providing feedback to the EEO Committee regarding challenges in recruiting, hiring, promoting, and retaining apprentices and pre-apprentices on the Megaproject; and
- Collaborating with the prime contractor and subcontractors to effectively resolve barriers to recruiting, hiring, promoting, and retaining apprentices and pre-apprentices on the Megaproject.
Construction Compliance Reviews
1. Does OFCCP conduct compliance reviews of the construction prime contractor and subcontractors working on a designated Megaproject?
Yes, in addition to the compliance assistance and outreach aspects of the Megaproject Program, OFCCP will conduct a compliance review of the prime contractor on a designated Megaproject. In addition, OFCCP will use neutral selection procedures to develop the scheduling list(s) of subcontractors working on a designated Megaproject for compliance reviews. Approximately 6 months to a year after construction work begins on the Megaproject, OFCCP will begin scheduling construction contractors for a compliance review to determine whether they are complying with the nondiscrimination and affirmative action employment obligations outlined in 41 CFR Chapter 60. OFCCP routinely schedules construction contractors for review under its existing regulatory authorities, regardless of Megaproject participation. More detailed information on OFCCP’s construction compliance reviews can be found under OFCCP’s Construction Compliance Review Frequently Asked Questions and Construction Contractors Technical Assistance Guide.
The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
Last updated on February 14, 2024