• Certain federal contractors are required to develop and implement a written affirmative action plan (AAP) for each establishment.
• The contractor creates, files, and implements the AAP.

The regulations implementing affirmative action establish different provisions for non-construction (i.e., service and supply) contractors and for construction contractors.

Non-construction (service and supply) contractors with 50 or more employees and government contracts of $50,000 or more are required to develop and implement a written affirmative action plan (AAP) for each establishment. The regulations define an AAP as a set of specific and result-oriented procedures to which a contractor commits itself to apply every good faith effort.

Employers with 50 or more employees and a federal contract of $50,000 or more must also maintain a written AAP for individuals with disabilities. Contractors with 50 or more employees and a contract of $150,000 or more must complete a written AAP for protected veterans.

As part of this program, contractors are obligated to institute outreach and recruitment efforts to employ and advance qualified individuals with disabilities at all levels of employment, including the executive level.

Developing an AAP

The AAP is developed by the contractor to assist in a self-audit of its workforce. The AAP is kept on file and carried out by the contractor. It is submitted to the Office of Federal Contract Compliance Programs (OFCCP) only if the agency requests it for the purpose of conducting a compliance review. Affirmative action regulations for non-construction (service and supply) contractors are found at 41 CFR 60-2.

The AAP identifies those areas, if any, in the contractor’s workforce that reflect under-utilization of women and minorities. The regulations define under-utilization as having fewer minorities or women in a particular job group than would reasonably be expected by availability.

When determining availability of women and minorities, consider the presence of minorities and women having requisite skills in a geographic area in which the contractor can reasonably recruit.

Based on the utilization analyses and the availability of qualified individuals, the contractors establish goals to reduce or overcome the under-utilization. Good faith efforts may include expanded efforts in outreach, recruitment, training, and other activities to increase the pool of qualified minorities and females. The actual selection decision is to be made on a non-discriminatory basis.