Legal Alert: OFCCP Seeks Approval to Revise Scheduling Letter and Related Documents


The revisions proposed by the Office of Federal Contract Compliance Programs (OFCCP) to its Scheduling Letter and accompanying compliance review documents include new requests for information that will substantially increase federal contractors' record-keeping burdens. OFCCP's Proposed Revisions On May 12, 2010, the OFCCP issued a Notice in the Federal Register seeking approval to revise its Scheduling Letter and accompanying compliance review documents. The Notice also requests comments to its proposed revisions, which must be submitted by July 11, 2011.

OFCCP sends its Scheduling Letter to government contractors to inform them that they have been selected for a compliance evaluation. The Letter commences the evaluation and is accompanied by an Itemized Listing of information the contractor must provide to OFCCP. OFCCP's current Scheduling Letter will expire on September 30, 2011. In addition to the Federal Register Notice, OFCCP released a separate supporting statement describing the changes it proposes to the Scheduling Letter and Itemized Listing. OFCCP explains that changes to the Scheduling Letter itself were made for clarity. However, the OFCCP's revised Itemized Listing includes new requests for submission of contractors' leave policies as well as copies of their VETS-100 and/or VETS-100A reports for the last three years.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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