The Office of Federal Contract Compliance Programs (OFCCP) has issued a revision to the existing Functional Affirmative Action Programs (FAAP) Directive. Directive 2013-01, Revision 3 establishes policies and procedures for requesting, modifying, and renewing FAAP agreements.
The revised Directive provides clarification regarding procedural requirements, in addition to minor language and formatting changes, that continue to provide for a FAAP process that is efficient, fluid, and collaborative. Any contractor that enters a FAAP agreement or modifies or renews current agreement on or after the effective date is subject to the revised Directive.
OFCCP encourages the use of FAAPs to enable federal contractors and subcontractors the opportunity to organize affirmative action programs to reflect how the entity operates functionally, rather than where its facilities and employees are physically located. Contractors may find FAAPs provide a more efficient way to organize and analyze affirmative action data, and may also allow the contractor to better tailor initiatives in response to their assessment. Additionally, contractors have the flexibility to utilize both FAAPs and establishment-based AAPs for different parts of their organizations.
Any federal supply and service contractor or subcontractor subject to OFCCP’s jurisdiction may request an agreement that allows for the development and use of a FAAP. When a contractor requests a FAAP agreement, the contractor is assigned a dedicated OFCCP FAAP Manager to assist with the process. FAAP agreements are valid for a period of five years and may be renewed, prior to expiration, if the contractor certifies in writing whether there have been any changes to functional or business units, structure or organization, or other circumstances affecting the existing FAAP agreement.
Additional information, including FAAP FAQs and contact information, is available on OFCCP’s webpage dedicated to the agency’s FAAP program. OFCCP will host a webinar in the near future on FAAPs and to discuss the revised Directive. Contractors who are interested in requesting a FAAP agreement or who have questions regarding their current FAAP agreement may contact the Branch of National Programs at OFCCP_FAAP-UNIT@dol.gov or (202) 693-1125.