It’s here! OFCCP has finally released the long-awaited latest Courtesy Scheduling Announcement List. As a reminder this is the list of contractors and their establishments that have been selected for upcoming audit by the Agency. This is the second CSAL issued under the leadership of OFCCP Director Jenny Yang.
Per OFCCP, the list comprises 500 contractors and subcontractors that
“OFCCP selected that are required to maintain an Affirmative Action Program (AAP) but did not complete their mandatory annual certification in the OFCCP Contractor Portal as of December 1, 2022”
OFCCP explains in its published its selection methodology that it generated the list
“by downloading federal contracts valued at $50,000 or more from the USAspending database it removed contracts awarded to federal, state, local, municipal, tribal, city, and
foreign governments, school districts, universities and colleges, and construction companies as well as healthcare contracts that fall under OFCCP’s Final Rule: Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors: TRICARE Providers, 85 FR 39834 (July 2, 2020). Contract records expiring on or before March 31, 2023, were also removed.”
Per the methodology, OFCCP considered contractor and subcontractor establishments with at least 200 employees as reported in contractors’ 2020 EEO‐1 filings, up from the 50 employee threshold used in the prior list
As a reminder, OFCCP’s Directive 2022-02: Effective Compliance Evaluations and Enforcement will govern OFCP’s administration of this CSAL and the audits initiated from it. This means OFCCP can start initiating audits from the list immediately. Generally, OFCCP District Offices schedule audits as they have capacity to handle them and as the audits from the previous CSAL have been exhausted. As a result, scheduling from this latest list will vary.
Given this, in connection with the fact that OFCCP has rolled back the automatic 30-day extensions of the data submission (after timely submission of the AAP), identified contractors should use the advance notice to ensure that their AAP compliance efforts are in order. OFCCP will now grant deadline extensions only in “extraordinary circumstances.”
We are reviewing the list and methodology and will provide any additional updates or insights as we have them.
