OFCCP has released a list containing 500 contractor firms expected to receive CSALs, or corporate scheduling announcement letters, generally known as advance audit alerts, on 20th January 2023. These “courtesy” or “deference” letters are extended by the OFCCP to the subcontractors and contractors. It is to inform them that an audit by the OFCCP is likely to be planned for one or several of their facilities in the near future. Contractors on the list have an excellent opportunity to review their procedures to ensure they are ready for an audit by the OFCCP.
Contractors will have around 30 days from the time they receive the letter to submit the data requested by the OFCCP. All contractors who appear on the CSAL list should analyze the latest scheduling letter to make sure they are ready to provide the data and documentation at the start of the OFCCP audit. The OFCCP has also expanded the list of data and documents requested from the contractors. This is expected to put more pressure and risk on the contractors during the audit.
CSAL and OFCCP methodology
The CSAL released by OFCCP indicates whether the contractor will be subjected to a Functional Affirmative Action Program, Corporate Management Compliance Evaluation, or Full Compliance Review. It is also important to remember that federal contractors that are not included on the list can still be chosen for audits under specific conditions. These include complaints, contract award notices, or conciliation agreements. Moreover, those federal contractors from earlier CSALS who haven’t yet obtained the audit letters are unaffected by the OFCCP’s latest CSAL.
OFCCP has also taken initiative in releasing the methodology used for choosing the federal contractors included in the list. The agency starts by retrieving federal contracts worth $50,000 and more from the U.S. expenditure database. There are several criteria considered by the OFCCP when choosing businesses for the list. These include:
- The OFCCP has included the names of subcontractors and contractors on the list who, as of 1st December 2022, have not finished their mandatory yearly certification, indicating AAP compliance.
- Contracts granted to colleges, universities, school districts, construction firms, and governments at the tribal, city, municipal, local, state, federal, and foreign levels were removed from the list.
- Healthcare contracts covered by the Final Rule of the OFCCP were eliminated from the list.
- The OFCCP has retained only those contractors who employ 200 or more people.
- Contract documents that will expire on or before 31st March 2023 were also eliminated from the list.
Important things to remember
Contractors have only 30 days after receiving the letter to deliver the things specified in the comprehensive checklist attached to it. Typically, this involves delivering a duplicate of the AAP of the contractor’s firms under review. Unless there is an exceptional issue or situation arising, the OFCCP will offer no deadline extension to contractors. Also, all eligible contractors who are required to create and maintain AAPs must now confirm to OFCCP whether they have done so. This should also be in compliance with the new AAP rules put forth by the OFCCP. This should also be completed on a yearly basis.