Government Contracts Monitor

Short Take: Fall Is the Season for Halloween, Thanksgiving, and OFCCP Audits

September 13, 2018

In addition to changing leaves and cooler temperatures, some federal contractors will soon also face Affirmative Action Plan (“AAP”) audits by the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”). Last week, the OFCCP sent out 750 Courtesy Scheduling Announcement Letters (“CSAL"s) to notifying specific federal contractors that they had been selected to undergo a compliance evaluation once they receive OFCCP’s OMB-approved scheduling letter. This most recent spate of CSALs supplements the FY2018 Scheduling List released on March 19, 2018.

The recipients of the September CSALs include: 445 companies, 69 CMCEs, and 66 Functional Affirmative Action Program (“FAAP”) functional units. Universities were not included in the supplement because of DOL’s existing compliance workload.

As explained by the DOL the CSALs provide a 45–day courtesy notice prior to the OFCCP’s beginning to send OMB-approved scheduling letters. Once they receive a scheduling letter, contractors will have the standard 30 days to submit their AAP. Thus, all contractors on the current list are receiving at least 75 days’ advance notice to prepare and have their AAP ready. OFCCP will also grant a one-time 30-day extension for supporting data if the AAPs are timely provided as described in OFCCP’s FAQ on requesting an extension for submission of AAPs and supporting data. The full FAQ relating to this CSAL update can be found here.

Obviously, contractors that receive a CSAL should immediately begin getting prepared for the audit. But these successive rounds of CSALs provide an important reminder that the OFCCP takes compliance seriously--and contractors should too. An important reminder for all contractors.

Attorneys

Lindsay Simmons