1L01 Evaluation of Good Faith Efforts

An evaluation of good faith efforts includes a review of the contractor’s overall performance toward goals, the identification of areas requiring additional examination, and ensuring that adequate information is available to determine good faith. Each is discussed in this subsection.

a. Overall Performance. In evaluating a contractor’s good faith efforts, Investigators must first make an overall assessment of the contactor’s goals and affirmative action performance. For example, were there areas where goals were established but not met? This evaluation should also take into account the fulfillment of AAP commitments and the quality of those commitments in terms of creative problem-solving to remove any impediments to minority and female utilization.

b. Goal Areas Needing Further Examination for Good Faith Efforts. Investigators must identify goal areas needing further evaluation for good faith efforts. For each such goal area, the Investigators will review any contractor description of good faith efforts pertinent to the area. This should be included as part of the contractor’s report on goals. Investigators will also use the AAP and Itemized Listing data to identify the reasons for lack of progress and the type of AAP action items that would be pertinent. Below are some examples of the types of inquires an Investigator could pursue.

• Do the Itemized Listing data on employment activity show that the jobs were filled predominantly by hires or by promotions? If by hires, was there low applicant flow?
• What AAP commitments did the contractor make about recruitment efforts? Is there any evidence they were fulfilled?
• Was there an adequate representation of minorities and women in probable feeder groups if the contractor filled jobs primarily by promotion?
• What AAP commitments did the contractor make concerning the promotion process (e.g., job posting, encouraging bidding, training)? Is there any evidence the contractor fulfilled these commitments?