Office of Federal Contract Compliance Programs (OFCCP)
Federal Contractor Selection System (FCSS) - Questions and Answers
- How does OFCCP select a federal contractor's establishment for a compliance evaluation?
- How does OFCCP schedule compliance evaluations among the selected establishments?
- What scheduling cycle does OFCCP use for the FCSS?
- Is there a regulatory or statutory limit on the number of establishments that can be scheduled per contractor?
- Is there an operational limit on the number of establishments that can be scheduled per contractor?
- Can a contractor establishment that is not on the FCSS list be scheduled for a compliance evaluation?
- Can a contractor establishment that was evaluated recently be scheduled for another evaluation?
OFCCP's Federal Contractor Selection System (FCSS) is a neutral selection system that identifies federal contractor establishments for compliance evaluations. The FCSS process uses multiple information sources such as federal acquisition and procurement databases, EEO-1 employer information reports, Dun & Bradstreet data, Census data, as well as statistical thresholds such as industry type and employee counts of federal contractor establishments.
OFCCP also schedules other types of compliance reviews, such as Functional Affirmative Action Plan (FAAP) reviews, individual or class complaint investigations, directed reviews initiated by OFCCP's National Office based on reports of an alleged violation, pre-award evaluations in response to contract award notices received from federal contracting officers, and the monitoring of conciliation agreements.
Once establishments are identified for compliance evaluations by OFCCP's National Office, the FCSS list is ordered in a neutral fashion and is uploaded into the OFCCP computer system that distributes the list of establishments to each OFCCP district office based on the physical addresses of the establishments. When an office is ready to schedule an establishment for evaluation from the FCSS list, it accesses the computer system that is maintained by OFCCP's National Office. This system releases the name of the next establishment on the list to that office. For each establishment, the district office must enter the date of scheduling for that establishment and either schedule it for an evaluation, or note the reason(s) for not doing so. Information pertaining to the actions taken for each establishment by the OFCCP field office is recorded in the OFCCP computer system maintained by OFCCP's National Office to maintain the integrity of the FCSS list. Once scheduled, however, a field office may manage evaluations with flexibility because not all evaluations proceed at the same pace. That is, a field office is permitted to defer action on an evaluation after scheduling it for any number of practical reasons, such as the need to resolve legal or policy issues, or to determine the use of its investigative resources in a more efficient manner. As a result, field offices work on multiple evaluations at the same time and are not required to complete one evaluation before selecting another establishment for scheduling or acting on another evaluation that has already been scheduled.
For the past several years, OFCCP's scheduling cycle for supply and service contractor establishments has been based on its Fiscal Year, which runs from October 1 through September 30 of the next year. Each FCSS scheduling cycle generally includes two scheduling list releases. The first scheduling list is released to the OFCCP regional offices near the beginning of OFCCP's Fiscal Year, while the second scheduling list is released in late second quarter or early third quarter of the Fiscal Year, depending on the regional offices' workloads.
No. There is no legal requirement that limits the number of establishments per contractor that OFCCP may schedule for compliance review.
From list to list, OFCCP may set caps or limits on the number of establishments per contractor that can be scheduled for review. The decision to set caps or limits is based on factors including agency resources and local office workload.
Yes. OFCCP may conduct a compliance evaluation of an establishment not on the FCSS list under certain circumstances:
- Pre-award Compliance Evaluation: Contractor establishments that have been awarded a federal supply and service contract of $10 million or more may undergo a pre-award compliance review.
- FAAP Compliance Evaluation: These evaluations are scheduled from amongst companies that have an active FAAP agreement.
- Directed Review: Such evaluations may be scheduled by OFCCP when it receives a report of an alleged violation of a law or regulations the agency enforces, including those deriving from individual or class complaints filed with the EEOC, or state or local fair employment practice agencies (FEPAs) that allege employment discrimination covered under the laws that OFCCP enforces.
- Conciliation Agreement Follow-Up Evaluation: These evaluations are scheduled during the monitoring period of an executed conciliation agreement based on information received in a scheduled progress report, or when OFCCP otherwise needs to determine compliance with the terms of the agreement.
A contractor establishment should not be scheduled for another FCSS compliance evaluation during the 24-month period following the date on which the prior review is closed. A contractor establishment that is still subject to reporting obligations pursuant to a Conciliation Agreement or Consent Decree should not be scheduled for another FCSS compliance evaluation during the 24-month period following the expiration of the agreement or decree. If an establishment that was evaluated within the past 24 months is selected for a compliance evaluation, the establishment's representative should call the local OFCCP office which issued the scheduling letter.
Notwithstanding this limitation, OFCCP may schedule a follow-up compliance evaluation if there is an indication that the contractor establishment is not complying with either reporting requirements or agreed upon actions that resulted from an active Conciliation Agreement or Consent Decree. OFCCP also may schedule a compliance evaluation when it receives an individual or class complaint, or what it determines to be a credible report of an alleged violation of a law or regulation enforced by OFCCP.