OFCCP Effectively Ends Focused Reviews, Cancelling Those on FY2020 CSAL

Proskauer - Government Contractor Compliance & Regulatory Update

On March 2, 2021, OFCCP announced it had amended the FY2020 Supply and Service Corporate Scheduling Announcement List (“CSAL”) issued on September 11, 2020. The amendments removed all establishments selected to receive focused reviews and compliance checks. In so doing, OFCCP removed over half of the 2,500 compliance evaluations included on the list. The amended list is available here.

In announcing the change, OFCCP stated the move would “allow[] it to more thoroughly evaluate contractors through the strategic allocation of limited agency resources.” As such, this move signals the end of focused reviews.

Those contractors scheduled for focused reviews may now breathe a sigh of relief, as they no longer face the imminent prospect of an OFCCP audit. Even so, nothing prevents these contractors from being scheduled for more comprehensive reviews when the next CSAL is issued. Given the expectation OFCCP will be more active under the Biden Administration, contractors should conduct self-assessments and consult with counsel to ensure they are in compliance with the myriad of additional regulatory requirements they face.

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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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