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U.S. Department of Labor Office of foder ii (:ontracl 

Cornpliance Pr0or;,ws 

20'1 Constit JtioP..Aven:Je, N W 

Wasl1ington, D.C 20210 

MEMORANDUM OF UNDERSTANDING 

BETWEEN 

THE U.S. DEPARTMENT OF LABOR, OFFICE OF FEDERAL CONTRACT 

COMPLIANCE PROGRAMS 

AND 

THE NATIONAL INDUSTRY LIAISON GROUP 

This Memorandum of Understanding ("MOU") is made and entered into by and between the 

United States Depmtment of Labor's (''DOL") Office of Federal Contract Compliance Programs 

(''OFCCP") and the National Industry Liaison Group ("the NILG"), collectively referred to as '·the 

parties." 

I. Purpose and Scope 

The parties recognize the value of establishing a collaborative relationship to promote voluntary 

compliance by employers that are covered federal contractors ar1d subcontractors ("contractors") 

with their mandatory obligations under the laws administered by OFCCP. OFCCP administers 

Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 (Section 503), and the 

Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA). The parties are 

entering into this MOU with the specific and mutual goals of working together to support 

contractor education and training; enable voluntary compliance with OFCCP's regulations; and 

minimize, to the extent feasible, the cost of compliance by contractors. The MOU, therefore, is a 

vehicle for exchanging information, obtaining feedback, and receiving advice from contractors. 

This MOU envisions OFCCP and the NILG coordinating at the national level, and NILG 

facilitating coordination between OFCCP and local ILG chapters. In this regar·d, the MOU 

contemplates the parties exploring compliance challenges experienced by contractors, identifying 

options for minimizing and eliminating operational, organizational and attitudinal barriers that 

contractors may have experienced or believe may be obstructing affirmative action and equal 

employment opportunity in contractors' workplaces, and developing proactive and innovative 

solutions to eliminate those barriers. 

This MOU emphasizes the parties' intent to explore how individual contractors have successfully 

implemented and appropriately used apprenticeship programs as affirmative action and equal 
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employment opportunity tools to help develop a pipeline ofdiverse workers. This, in tum, should 

result in a workforce that is highly qualified and appropriately representative of the broader 

population, which should help federal contractors and subcontractors comply with the laws and 

regulations administered by OFCCP. In addition, this public-private collaboration supports 

effective and efficient government procurement by ensuring that contractors make full use of the 

qualified labor pool in carrying out their federal contractual obligations, in addition to supporting 

voluntary compliance with the laws enforced by OFCCP. 

Finally, this MOU seeks to improve the relevance, clarity, accuracy, and consistency of OFCCP's 

contractor education and compliance tools and resources. This includes the intent to engage in an 

ongoing dialogue on providing more transparency to federal contractors regarding OFCCP's 

compliance review process and procedures. 

II. Authority 

The Department of Labor's OFCCP is responsible for securing compliance by all Government 

contractors and subcontractors with Executive Order 11246 and any implementing rules or 

regulations, as well as Section 503 and VEVRAA and their regulations. This responsibility not 

only includes conducting compliance evaluations and investigations but also proactively securing 

compliance with the terms of the contracts entered into by federal agencies and their contractors 

related to nondiscrimination and affirmative action obligations. 

This MOU, like other measures untaken by OFCCP to educate and support contractor compliance 

about their contractual nondiscrimination and affirmative action obligations, generally promotes 

economy and efficiency in federal procurement. 

III. Provisions 

The OFCCP is a civil rights agency within DOL that protects the rights of workers by ensuring 

that covered federal contractors and subcontractors comply with their legal obligations to provide 

equal employment opportunity and not discriminate on the basis of race, color, sex, sexual 

orientation, gender identity, religion, national origin, disability, or status as a protected 'veteran. In 

addition, contractors are prohibited from discharging or otherwise discriminating against 

applicants or employees who inquire about, discuss, or disclose their compensation or that of 

others, subject to certain limitations. 

The NILG is a non-profit employer association that focuses on affirmative action and equal 

employment opportunity. Since the early 1990s, the NILG has encouraged enhanced 

communications between the contractor community and various federal agencies, including 

OFCCP. In addition to entering into substantive dialogue with federal agencies, the NILG 
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facilitates communication and discussion concerning equal opportunity and affirmative action 

obligations and practices with approximately 60 local, unaffiliated ILG chapters that share the 

NILG's mission. Because of its unique function as a facilitator of wide-ranging dialogue between 

federal agencies and the regulated community, the NILG is well-positioned to address important 

compliance and other issues regarding affirmative action and equal employment opportunity. 

OFCCP's Commitments 

Pursuant to the MOU, OFCCP makes the below commitments. 

a. OFCCP's national office leadership agrees to meet, once annually, with the NILG 

Board. The purpose of this annual meeting is to review the implementation of the 

MOU, discuss contractor compliance challenges, explore new and innovative ways to 

mutually address these compliance challenges, and provide relevant information on 

OFCCP regulations and procedures, as well as recent changes to regulations and 

procedures, that effect contractors' obligations and their compliance. 

b. OFCCP agrees to provide input into and participate in, to the extent it deems it 

appropriate and practicable, an annual national NILG conference. OFCCP's 

participation is to provide quality contractor education that helps to secure voluntary 

compliance with OFCCP's laws and regulations and greater transparency. This 

includes, for example, ensuring that contractors are accurately informed of OFCCP 

policies and procedures, the compliance evaluation process, and changes to agency 

regulations and procedures that effect their ability to comply with the laws and 

regulations administered by OFCCP. 

c. OFCCP agrees to make one or more representatives available for at least one ILG 

meeting in each OFCCP region annually, as practicable. These meetings should be 

collaborative and jointly planned by OFCCP and the regional or local ILGs, with NILG 

input as appropriate. At a minimum and as appropriate, these regional or local meetings 

will identify and address compliance challenges and barriers, current OFCCP 

initiatives, and educate contractors on what to expect and how to prepare for an OFCCP 

compliance evaluation. 

d. OFCCP agrees to engage in various outreach initiatives that encourage all contractors, 

including NILG and local ILG members, to provide constructive feedback on OFCCP's 

compliance evaluation process, education, outreach, and compliance assistance 

activities. OFCCP may reflect a consideration of this feedback in the development of 

contractor-focused activities. When appropriate, OFCCP will seek to include NILG 
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member contractors in OFCCP outreach and education initiatives to ensure that 

OFCCP appropriately reflects contractor issues, concerns, perspectives. 

e. As a part of any OFCCP program or initiative encouraging the use of apprenticeships 

by covered contractors to comply with their obligations under OFCCP's laws, OFCCP 

agrees. to work with the NILG and other DOL agencies, as appropriate, to facilitate 

contractor education and outreach. OFCCP views these programs as tools that can help 

contractors comply with their affirmative action and equal opportunity obligations. 

NILG's Commitments 

Pursuant to the MOU, the NILG makes the below commitments. 

a. The NILG agrees to use the annual meeting with OFCCP to constructively identify and 

explore concerns raised by contractors related to OFCCP's compliance evaluation process 

and the training and education barriers that effect contractor compliance. Reaching a 

consensus on the issues and concerns, or how they could be addressed, is not a requirement. 

b. The NILG agrees to work cooperatively with OFCCP to ensure the ongoing integrity and 

professionalism ofits annual NILG conference and to take action to support the usefulness 

ofregional or local ILG-OFCCP meetings as compliance assistance opportunities. ft is the 

NILG's goal to ensure that contractors receive accurate and useful information, are 

presented a variety views and perspectives, and have access to implementable compliance 

assistance from OFCCP and other conference presenters. 

c. The NILG agrees to proactively inform its Board members and members of local ILGs of 

OFCCP initiatives, events, and other opportunities that provide contractors an opportunity 

to give OFCCP constructive feedback about its program. 

d. The NILG agrees to proactively inform its Board members and members of local ILGs of 

opportunities to participate in OFCCP-sponsored compliance assistance, education, and 

other similar events for contractors. 

e. The NILG agrees to participate in OFCCP-sponsored contractor outreach and education 

presentations, as appropriate, and to work with OFCCP to prepare and distribute 

publications of common interest to contractors. 

f. The NILG agrees to proactively inform its Board members and members of local ILGs of 

any OFCCP apprenticeship program that supports their compliance and any other 
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contractor-focused program or initiative that supports contractor education and 

compliance with OFCCP's laws. 

IV. Implementation 

Within 45 days of the effective date of this MOU, each party must designate three Liaisons who 

will coordinate the implementation of the commitments set forth in this MOU. These Liaisons 

must meet as often as necessary, but at least semi-annually, to discuss issues related to the 

interpretation and implementation of this MOU. As agreed by the parties, these meetings may be 

held telephonically or otherwise remotely. 

The parties will conduct periodic reviews ofthe implementation of this MOU. 

V. Effect of Agreement 

a. Nothing in this MOU limits OFCCP's interpretation and enforcement of its laws and 

regulations. 

b. This MOU does not authorize the expenditure or reimbursement of any funds. Nothing in 

this MOU obligates OFCCP to expend appropriations or enter into any contract or other 

obligation. 

c. This agreement will be performed in full compliance with all applicable laws, including 

the Privacy Act of 1974, the Freedom of Information Act, and the Federal Records Act. 

d. This MOU does not intend to create an advisory committee under the Federal Advisory 

Committee Act (F ACA). This MOU must be interpreted and implemented in a manner 

consistent with this intent. 

e. By entering into this MOU, the parties do not imply an endorsement or promotion by either 

party of the policies, priorities, or services of the other. 

f. Nothing in this MOU shall be interpreted as limiting, superseding, or otherwise affecting 

OFCCP's normal operations and functions. 

g. This MOU also does not limit or restrict the parties from participating in similar activities 

or arrangements with other entities. 

h. This MOU contains all of the terms and conditions agreed upon by the parties. No other 

understandings, oral or otherwise, regarding the subject matter of this MOU shall be 
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deemed to exist or be binding upon the parties. This MOU is not intended to confer any 

right upon any private person or third pa11y. 

VI. Resolution of Disagreements 

Any disputes arising under this MOU will be resolved infonnally by discussions between the 

designated implementation Liaisons (see section III. Implementation) or other officials designated 

by each party. 

VII. Period of Agreement and Modifications 

The provisions of this agreement are effective on the date of signature, and the pru1ies can only 

modify the MOU by mutual consent. This MOU is effective for a three-year period unless 

extended by mutual agreement, in writing, by the parties. Either party can unilaterally terminate 

this MOU by providing 30-day written notice to the other party. 

This MOU supersedes any previous agreements between OFCCP and NILG. 

The undersigned hereby agree that this document represents the understanding between them. 

CRAIG E. LEEN 

Acting Director 

0 I Contract Compliance Programs 

Date Signed: 

Date Signed: ~2...}' \b