OFCCP Updates FY 2020 Supply & Service Pre-audit Scheduling List

Faegre Drinker Biddle & Reath LLP
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Faegre Drinker Biddle & Reath LLP

Today, the Office of Federal Contract Compliance Programs (OFCCP) announced it is updating its Fiscal Year (FY) 2020 Supply and Service Scheduling List (Scheduling List) by removing establishments previously selected for a focused review or compliance check. Notably, the amendment to the Scheduling List will have no impact on contractors with open or unscheduled audits. The FY 2020 Construction Scheduling list, however, has not been revised, and the OFCCP stated that it plans to proceed with the scheduling of these construction compliance checks.

As previously reported, on September 11, 2020, OFCCP published the FY 2020 Supply and Service Scheduling List, which notified 2,250 Supply and Service establishments that it had been scheduled for an upcoming audit. Ths list consisted of 500 compliance reviews (including establishment-based reviews, Corporate Management Compliance Evaluation (CMCE) reviews, Functional Affirmative Action Program (FAAP) reviews, and university reviews); 500 accommodation focused reviews; 500 promotions focused reviews; 250 Section 503 focused reviews; and 500 compliance checks.

The OFCCP, however, has amended the Scheduling List to remove all establishments selected to receive focused reviews and compliance checks. The amended Supply & Service Scheduling List and amended methodology have been posted on the agency’s website. Notably, the OFCCP will continue to conduct establishment-based compliance reviews, CMCE reviews, FAAP reviews and university compliance reviews.

The OFCCP has also issued amended frequently asked questions (FAQs) regarding the amended FY 2020 Supply & Service Corporate Scheduling Announcement List. The FAQs note that the OFCCP’s decision to remove all focused reviews and compliance reviews has no impact on open or unscheduled reviews from the prior Scheduling Lists. Furthermore, the FAQs indicate that contractors removed from the Scheduling List “could be included on future scheduling lists.”

Federal contractors are reminded that the OFCCP publishes the CSAL a minimum of 45 days before it begins to issue the Office of Management and Budget (OMB)-approved Scheduling Letter, which begins the compliance evaluation process. Upon receipt of the Scheduling Letter, contractors then have only 30 days to submit their Affirmative Action Programs (AAPs) and contractor records to the OFCCP (although 30-day pandemic-related extensions have been recently granted). Thus, remaining selected contractors should start reviewing their compliance efforts to reduce the risk of noncompliance findings.

Faegre Drinker will continue to provide updates on the CSAL and other OFCCP compliance updates.

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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