By now, most federal contractors are aware of the Office of Federal Contract Compliance Programs’ (OFCCP) current policy of transparency and have heard about its plan to conduct focused reviews and other compliance checks, in addition to regular establishment reviews. Likewise, most have already perused the latest Corporate Scheduling Announcement List (CSAL) notifying contractors about whether they are likely to be scheduled for review during the current fiscal year and, if so, providing advance notice regarding the type of review to be conducted.
However, with all of the attention on the OFCCP’s new processes and the upcoming reviews, the OFCCP’s recent proposals regarding the information to be obtained during its establishment reviews, focused reviews, and compliance checks have, to a large extent, gone unnoticed. Because the OFCCP’s recently proposed scheduling letters seek new and different information beyond that historically requested, contractors are advised to familiarize themselves with the details of the proposed letters. To that end, summaries of the proposed changes for each type of OFCCP review are set forth below.
While the OFCCP’s proposed scheduling letters are not yet approved or effective, contractors should carefully review each of them and take advantage of the present opportunity to provide comments to the Office of Management and Budget regarding the likely burden of, and any objections to, or comments regarding such proposals prior to the June 11, 2019, comment deadline.