The Office of Federal Contract Compliance Programs ("OFCCP") recently issued its Corporate Scheduling Announcement List ("CSAL") which includes 2,250 Supply & Service establishments. This number is down 1,250 from last Spring’s total of 3,500 establishments.

New for this year, OFCCP has included 200 construction contractors in a separate CSAL. This is the first time construction contractors were included in the list. These contractors are identified for construction compliance checks (generally to determine whether a contractor maintains records consistent with its obligations under the OFCCP regulations).

However, future scheduling lists will include construction contractors selected for construction compliance checks and compliance reviews. As we previously noted, the CSAL list is posted exclusively on OFCCP’s website in lieu of individual letters which had traditionally been sent directly to federal contractors to notify them of potential audits. We encourage federal contractors to sign up for email updates and contractors that have done so should check the list to see whether their organization has been listed. If your organization has not signed up for OFCCP email updates, both lists can be found here: link.

So, what is the CSAL?

The CSAL serves as an advanced courtesy notification to a contractor's establishment that appears on OFCCP's list of establishments selected to undergo one of several types of compliance reviews. OFCCP notes that the CSAL serves as an invitation to contractors to utilize the various compliance assistance resources and activities provided by OFCCP through its website, and through the district and regional offices. Importantly, the CSAL provides contractors with a 45-day courtesy notification prior to when OFCCP begins sending its "scheduling letter" which officially announces the compliance review and starts the clock ticking for the contractor to submit its Affirmative Action Program(s) ("AAP") and supporting data from the 22 items requested at the beginning of a compliance review (or other supporting data depending on the type of review that will be conducted). If "lucky" enough to receive a scheduling letter, contractors have 30 days from its receipt to submit their AAP(s) and the supporting data. As a result, all contractors on the CSAL receive at least a minimum of 75 days advance notice to have their AAP(s) and supporting data ready for submission.

Contractors may request a 30-day extension to submit the supporting data which OFCCP will normally grant if the contractor has timely submitted all requested AAPs. OFCCP will not generally grant any extensions if the AAP(s) is not timely submitted as those documents should be updated annually and kept current. In any event, failure to timely submit the required documentation will result in an immediate Notice to Show Cause why OFCCP should not initiate enforcement proceedings.

The CSAL also lists the various types of review OFCCP will conduct. The current Supply & Service list includes 500 Promotions Focused Reviews (see link), 500 Accommodations Focused Reviews (see link), 500 Compliance Checks, and 250 Section 503 Focused Reviews (see link). The remaining 500 reviews include establishment-based compliance reviews, Corporate Management Compliance Evaluations, Functional Affirmative Action Program Reviews, and university compliance reviews.

Takeaways

  • Check the list if you are a government contractor! If your organization is listed, a scheduling letter / audit is most likely imminent;
  • Even if your organization is not listed, that does not guarantee that the OFCCP will not visit. Be prepared and keep all AAPs up to date;
  • Review your EEO practices for compliance with EEO 11246, VEVRAA and section 503.

If you have any questions regarding the issues discussed in this edition of Compliance Matters, please call your firm contact in California at (818) 508-3700 or in North Carolina at (704) 765-1569, or visit us online at www.brgslaw.com.

Sincerely,
David Harvey
Richard S. Rosenberg
Ballard Rosenberg Golper & Savitt, LLP