The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently designated 12 additional projects to participate in the Mega Construction Project Program (MCPP).

As we discussed in our March 28, 2023 alert, the MCPP seeks to create equal opportunities in the construction industry by encouraging federal contractors to recruit and hire talent from underrepresented communities. The MCCP designates certain projects in which the OFCCP will engage with and assist contractors to ensure they are complying with the affirmative action requirements.

Contractors planning to work on these projects must abide by the 16 Affirmative Action Steps. Participants must engage not only in necessary recruitment efforts, but make sure those efforts are being properly tracked and monitored.

The DOL’s Oct. 6 announcement increased the reach of the MCCP’s goals by widening the pool of projects and partnering with the Department of Transportation, Department of Energy, General Services Administration and Environmental Protection Agency. The diverse list has projects from states throughout the U.S. and includes transit and infrastructure projects and a federal courthouse upgrade. The full list can be found here.

The DOL plans to add more projects in the future, perhaps including those funded by the Department of Commerce through the CHIPS and Science Act, the Department of the Interior and the U.S. Army Corps of Engineers.

Construction contractors that plan on doing work for any projects on the list and are unsure what actions to take and/or policies to adopt to comply with the applicable MCCP’s equal employment opportunity and affirmative action requirements should seek guidance from experienced counsel. Complying with affirmative action obligations is not merely a paper exercise and can be quite onerous.

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