Supply and Service Federal Contractors and Subcontractors Should Immediately Review the OFCCP’s Second 2023 Pre-Audit Corporate Scheduling Announcement List

On September 8, 2023, the Office of Federal Contractor Compliance Programs (OFCCP) released its second Corporate Scheduling Announcement (CSAL) of the year. Federal contractors should immediately review the 2023 CSAL because it serves as the only advance notification to contractors of upcoming audits.

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OFCCP’s New Supply and Service Scheduling Letter Significantly Increases Audit Scope

On August 25, 2023, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that it has updated its Supply and Service Scheduling Letter and Itemized Listing (Scheduling Letter). According to the OFCCP’s announcement, the updated Scheduling Letter “encourages contractors to submit information electronically, clarifies existing requirements, and requests new information that will allow OFCCP to better assess compliance.”

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OFCCP Updates Form to Invite Voluntary Self-Identification of Disability Status

On April 25, 2023, the Office of Management and Budget (OMB) approved the Office of Federal Contractor Compliance Program’s (OFCCP) updated Voluntary Self-Identification of Disability Form. The OFCCP explained that the form was revised to “update the preferred language for disabilities and to include additional examples of disabilities.” According to OFCCP guidance, federal contractors and subcontractors (contractors) must begin using the updated Voluntary Self-Identification of Disability Form no later than July 25, 2023.

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OFCCP Federal Contractor Portal to Open March 31 for Second Annual Required Certification

On March 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that it will open the certification period for its second annual certification cycle shortly on March 31, 2023. As previously reported, beginning in 2022, supply and service federal contractors and subcontractors (contractors) are required to annually certify the status of their annual affirmative action plans (AAPs). Like last year’s schedule, the OFCCP Contractor Portal is intended to be open until June 29, 2023.

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OFCCP Releases 2023 Pre-Audit Corporate Scheduling Announcement List

On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released its 2023 Corporate Scheduling Announcement List (CSAL), which notifies 500 supply and service establishments (locations) of upcoming audits. Federal contractors should immediately review the 2023 CSAL because it serves as the only advance notification to contractors of upcoming audits.

The CSAL specifies the type of audit the contractor will undergo: Full Compliance Review (Establishment Review), Corporate Management Compliance Evaluation (CMCE) or Functional Affirmative Action Program (FAAP) Review.

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OFCCP Sends Notice of Intent to Release EEO-1 Data to Non-objecting Contractors

On August 19, 2022, as discussed in previous alerts, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) notified its federal contractor base that the OFCCP received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR) for all Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Report), filed by federal contractors and first-tier subcontractors (contractors) from 2016 to 2020. Contractors had until October 19, 2022, to file their individualized objections to the production of their EEO-1 reports.

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