The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on April 25, 2024 its designation of 16 additional federal construction projects to participate in the Mega Construction Project Program (MCPP). These 16 projects build upon the 24 designated since the program’s inception in 2023, bringing the total to 40.

As we discussed in a prior alert on this topic, the MCPP seeks to create equal opportunities in the construction industry by encouraging federal contractors to recruit and hire talent from underrepresented communities. The MCPP designates certain projects in which the OFCCP will engage with and assist contractors to ensure they are complying with affirmative action requirements. Assistance includes community support, recruitment resources, compliance reviews and technical assistance.

All projects chosen are federal or federally assisted construction projects with a value of at least $35 million. The most recent designated projects are in various states across the country from New Jersey and New York (Gateway Program: Hudson Tunnel Project Systems and Fit Out and Penn Station Access) to California, which is home to three of the 16 projects (ARCHES, Brightline West High-Speed Intercity Passenger Rail System (CA, NV), and Pajaro River at Watsonville, CA). A map of all 40 designated projects is available on the OFCCP’s website.

Construction contractors that will be seeking to do work for any projects on the list and are unsure what actions to take and/or policies to adopt to comply with the applicable MCPP’s equal employment opportunity and affirmative action requirements should seek guidance from experienced counsel.

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