Scheduling Letter and Itemized Listing Frequently Asked Questions

Scheduling Letter and Itemized Listing

Where can I find a copy of the Scheduling Letter and Itemized Listing?
I received my Scheduling Letter and Itemized Listing by email, return receipt. Is this the official notification? Will I receive a hard copy in the mail?
Must contractors submit their Affirmative Action Programs (AAPs) and Itemized Listing information electronically?
How will OFCCP ensure the confidentiality and integrity of contractor data received electronically?
How does a contractor submit files to OFCCP using Kiteworks?
When does OFCCP allow for extensions due to extraordinary circumstances?
What happens if a contractor does not submit the AAP and Itemized Listing information within 30 days of receipt of the Scheduling Letter and Itemized Listing?

Support Data and Analysis

Do contractors have to compute and submit partial year totals in order to respond to items 10 and 14 in the Itemized Listing that request documentation of the computations or comparisons called for in the Section 503 regulations at 41 CFR 60‐741.44(k) and in the VEVRAA regulations at 41 CFR 60‐300.44(k)?
Do contractors have to perform and submit a partial year analysis evaluating their utilization of individuals with disabilities in order to respond to item 11 in the Itemized Listing request seeking information that reflects their current year utilization progress?
What does OFCCP consider to be a contractor’s "current" AAP?
If the contractor is more than six months into its current AAP year when it receives a Scheduling Letter and Itemized Listing, how much additional updated data must it provide to OFCCP?
What information must the contractor provide related to Section 503 (Item 8) and VEVRAA Outreach and Recruitment Activities (Item 12)?
What documentation is required for the Section 503 utilization analysis (Item 11)?
What AAP periods must the Section 503 data analysis (Item 10), VEVRAA data analysis (Item 14), EO 11246 Affirmative Action Goals (Item 20), and Reasonable Accommodation (Item 23) cover?
What timeframe must the VEVRAA hiring benchmark (Item 15) cover?
What information must be included with the contractor's determination of minority and female availability (Item 4)?
The Integrated Postsecondary Education Data System (IPEDS) contains many components. Are all components required by the Scheduling Letter?
The Itemized Listing requires support data to be provided in five specified race/ethnicity categories: African American/Black, Asian/Pacific Islander, Hispanic, American Indian/Alaskan Native, and White. May contractors submit their data using the seven race/ethnicity categories used to submit EEO‐1 reports to the EEOC?

Compensation Data

Item 19 refers to providing compensation data for the employees reported in the workforce analysis. My company’s AAP includes an organizational display rather than a workforce analysis. Do we have to start preparing a workforce analysis?
Does the Scheduling Letter and Itemized Listing permit contractors to submit aggregate compensation data for employees?
Are contractors required to submit two snapshot dates of compensation data in response to the Scheduling Letter and Itemized Listing?
Which employees must the contractor include in the data?
What additional information must the contractor include with the individual level compensation data?
What data factors that affect employee compensation must a contractor submit?
What additional documentation regarding compensation systems must contractors submit?
Item 22 requires contractors to submit documentation regarding their obligation to evaluate their compensation system(s) in accordance with 41 CFR 60-2.17(b)(3). What documentation must contractors provide?
Can contractors submit the requested compensation data with identifying numbers in lieu of providing employee names?
What is the timeframe for the other compensation or adjustments to salary?
The submission requires hire data on each employee record. Should the hire date reflect the original hire date, re‐hire date (in case of an employee that left and was later re‐hired), or a service date?

Scheduling Letter and Itemized Listing

1. Where can I find a copy of the Scheduling Letter and Itemized Listing?

Contractors can view the current reauthorized Scheduling Letter and Itemized Listing in OFCCP’s Federal Contract Compliance Manual, Figure F-3.

2. I received my Scheduling Letter and Itemized Listing by email, return receipt. Is this the official notification? Will I receive a hard copy in the mail?

OFCCP may send the Scheduling Letter and Itemized Listing by email with a read receipt requested. This allows OFCCP to provide faster delivery and confirmation of receipt, promoting the timely exchange of information. Contractors will not receive a hard copy of the Scheduling Letter and Itemized Listing in addition to the emailed letter. The emailed Scheduling Letter and Itemized Listing is the official notification.

3. Must contractors submit their Affirmative Action Programs (AAPs) and Itemized Listing information electronically?

OFCCP encourages contractors to submit their AAPs and Itemized Listing information electronically using the methods noted in the Scheduling Letter. Sending data in an electronic format increases efficiency. Contractors also have the option to submit the information by mail.

4. How will OFCCP ensure the confidentiality and integrity of contractor data received electronically?

OFCCP has safeguards in place to ensure that its email system is secure. Contractors can also submit data to OFCCP using a secure file sharing system, Kiteworks. These measures are designed to secure the transmission of data while allowing for the efficient exchange of information.

5. How does a contractor submit files to OFCCP using Kiteworks?

Contractors can email the point of contact identified in the Scheduling Letter to request a link to access Kiteworks. The point of contact will email a secured link to the contractor. Kiteworks Instruction for Contractors provides detailed instructions on how to use Kiteworks. Contractors should confirm receipt of the AAPs and support documentation with the point of contact after submission.

6. When does OFCCP allow for extensions due to extraordinary circumstances?

OFCCP may grant an extension for submitting the Scheduling Letter and Itemized Listing information, including support data, in the event of extraordinary circumstances. Examples of extraordinary circumstances include, but are not limited to:

Extended medical absences of key personnel;
Localized or company-specific disaster affecting records retrieval such as a flood, fire, or computer virus;
Unexpected military service absence of key personnel; and
Unexpected turnover or departure of key affirmative action official.

Key personnel would include employees responsible for contractor compliance with OFCCP's regulations, such as the official designated by the contractor pursuant to 41 CFR 60-2.17(a), 41 CFR 60-300.44(i), and 41 CFR 60-741.44(i).

7. What happens if a contractor does not submit the AAP and Itemized Listing information within 30 days of receipt of the Scheduling Letter and Itemized Listing?

OFCCP may initiate enforcement proceedings if the contractor does not submit the AAPs and Itemized Listing information within 30 calendar days and did not receive an extension. See 41 CFR 60-1.20(e), 60-300.40(d), and 60-741.40(d). OFCCP allows for extensions in the event of extraordinary circumstances. Extensions may be granted prior to the due date on a case-by-case basis.

Support Data and Analysis

1. Do contractors have to compute and submit partial year totals in order to respond to items 10 and 14 in the Itemized Listing that request documentation of the computations or comparisons called for in the Section 503 regulations at 41 CFR 60‐741.44(k) and in the VEVRAA regulations at 41 CFR 60‐300.44(k)?

The regulations at 41 CFR 60‐741.44(k) and 41 CFR 60‐300.44(k) require a contractor to compute and document annual totals for the number of job openings, applicants, jobs filled, and hires who self‐identified as individuals with disabilities, and the number of applicants and hires who self‐identified as protected veterans. In order to compute the annual totals for VEVRAA, contractors must, on an ongoing basis, collect and keep records on the number of applicants who self‐identified as protected veterans; the total number of job openings and total number of jobs filled; the total number of applicants for all jobs; the number of protected veteran applicants hired; and the total number of applicants hired. Contractors must collect the same information for individuals with disabilities for their annual totals. Based on these requirements, it should be fairly easy for contractors to compute the employment activity totals for individuals with disabilities and for protected veterans during the first six months of the current AAP year and to submit that information in response to the Itemized Listing. If, however, a contractor has not computed, or is unable to compute, these totals for the first half of the current AAP year, the contractor must provide the records showing the number of jobs openings, applicants, jobs filled, and hires that would permit OFCCP to compute the totals.

OFCCP reminds contractors that the Scheduling Letter, which includes its Itemized Listing, creates a legal obligation to provide the information, in accordance with OFCCP’s authority to conduct compliance evaluations.

2. Do contractors have to perform and submit a partial year analysis evaluating their utilization of individuals with disabilities in order to respond to item 11 in the Itemized Listing request seeking information that reflects their current year utilization progress?

The regulation at 41 CFR 60‐741.45 requires contractors to evaluate, annually, their utilization of individuals with disabilities in each job group or the entire workforce, as appropriate. In order to conduct this evaluation, contractors must collect and keep the relevant information on an ongoing basis. If a contractor has not performed, or is unable to perform, the utilization analysis using the information from the first six months of the current AAP year the contractor must provide OFCCP with the information so that OFCCP can perform the utilization analysis.

3. What does OFCCP consider to be a contractor’s "current" AAP?

The scheduling letter used by OFCCP to initiate a compliance evaluation requires a contractor to submit its "current year" AAPs (Executive Order 11246, Section 503 of the Rehabilitation Act, and VEVRAA) and specific support data for the immediately preceding AAP year. For example, if a contractor has an AAP that aligns with calendar years (January 1, 2023, through December 31, 2023) and receives the Scheduling Letter on May 15, 2023, the contractor would submit that AAP for January 1, 2023 through December 31, 2023 and the supporting data for the immediately preceding AAP year (January 1, 2022 through December 21, 2022) as requested in the Itemized Listing.

If a scheduling letter is received within 30 days of the annual date of a contractor's AAP(s), the contractor may, at its own option, submit the updated AAP(s) for desk audit.

4. If the contractor is more than six months into its current AAP year when it receives a Scheduling Letter and Itemized Listing, how much additional updated data must it provide to OFCCP?

Several items on the Itemized Listing specify that if the contractor is six months or more into its current AAP year when the listing is received the contractor will provide OFCCP with updated data for the current AAP year. For each of these items, the contractor must provide OFCCP with at least the first six months of data from the current AAP year.

5. What information must the contractor provide related to Section 503 (Item 8) and VEVRAA Outreach and Recruitment Activities (Item 12)?

The Scheduling Letter and Itemized Listing clarifies that contractors must provide the information listed in Item 8 and Item 12, a required AAP element, as part of their submission. The information includes:

Documentation of all activities undertaken;
The criteria used to evaluate the effectiveness of each effort, and whether the contractor found each effort to be effective; and
The documentation should also indicate whether the contractor believes the totality of its efforts were effective. In the event the totality of the contractor efforts were not effective in identifying and recruiting qualified protected veterans, provide detailed documentation describing the contractor’s actions in implementing and identifying alternative efforts.

6. What documentation is required for the Section 503 utilization analysis (Item 11)?

The contractor must submit the utilization analysis evaluating the representation of individuals with disabilities in each job group, or, if appropriate, evaluating the representation of individuals with disabilities in the workforce as a whole. If underutilization is identified, contractors must provide a description of the steps taken to determine whether and where impediments for equal employment opportunity exist. This description includes:

The assessment of personnel processes;
The effectiveness of outreach and recruitment efforts;
The results of their affirmative action program audit;
Any other areas that might affect the success of the affirmative action program; and
A description of action-oriented programs developed and executed to correct any identified problem areas.

Contractors must provide this information for the immediately preceding AAP year. If the Scheduling Letter and Itemized Listing is received six months or more into the current AAP year, the contractor must also provide the information that reflects the progress for at least the first six months of the current AAP year.

7. What AAP periods must the Section 503 data analysis (Item 10), VEVRAA data analysis (Item 14), EO 11246 Affirmative Action Goals (Item 20), and Reasonable Accommodation (Item 23) cover?

For the Section 503 data analysis (Item 10), VEVRAA data analysis (Item 14), EO 11246 Affirmative Action Goals (Item 20), and Reasonable Accommodation (Item 23), the contractor must provide the information from the immediately preceding AAP year.

8. What timeframe must the VEVRAA hiring benchmark (Item 15) cover?

For the VEVRAA hiring benchmark (Item 15), if using the five factors, the contractor must provide the documentation and methodology used to establish the benchmark for the current AAP year. If the Scheduling Letter and Itemized Listing is received six months or more into the current AAP year, the contractor must also submit the current year hiring data to measure against the hiring benchmark.

9. What information must be included with the contractor's determination of minority and female availability (Item 4)?

The contractor must include all the requirements for determining availability in 41 CFR 60-2.14 to allow OFCCP to better assess the contractor’s compliance.

The availability determination must incorporate these regulatory requirements:

The contractor must separately determine availability of minorities and women for each job group.
The contractor must consider the percentage of minorities or women with requisite skills in the reasonable recruitment area and those promotable, transferable, and trainable within the organization.
The contractor must use the most current statistical information.
The contactor must not draw its reasonable recruitment area in such a way that it has the effect of excluding minorities or women.
The contractor must not define the pool of promotable, transferable, and trainable employees in such a way that it has the effect of excluding minorities or women.
The contactor must identify the pool of promotable, transferable, and trainable employees when conducting its availability analysis.

10. The Integrated Postsecondary Education Data System (IPEDS) contains many components. Are all components required by the Scheduling Letter?

No. OFCCP only requires post-secondary institutions to submit copies of the Human Resources Survey Component data collection reports.

11. The Itemized Listing requires support data to be provided in five specified race/ethnicity categories: African American/Black, Asian/Pacific Islander, Hispanic, American Indian/Alaskan Native, and White. May contractors submit their data using the seven race/ethnicity categories used to submit EEO‐1 reports to the EEOC?

Yes. As stated in Directive 2008‐02, OFCCP will accept AAPs and supporting records that reflect the five race and ethnicity categories outlined in 41 CFR part 60‐2 or the seven used in the EEO‐1 Report. For purposes of the Item 19 requirement to provide compensation data by race/ethnicity, contractors may provide this data using either set of race/ethnicity categories.

Compensation Data

1. Item 19 refers to providing compensation data for the employees reported in the workforce analysis. My company’s AAP includes an organizational display rather than a workforce analysis. Do we have to start preparing a workforce analysis?

No. Simply provide the requested data for the employees in the organizational display.

2. Does the Scheduling Letter and Itemized Listing permit contractors to submit aggregate compensation data for employees?

No. Contractors are required from the onset to submit “employee level” (i.e., individual) compensation data for all employees. If the contractor submits aggregate data, the Compliance Officer will consider the submission incomplete and require the correct individual data submission. (See below for information on the types of employees and timeframe covered by the data).

3. Are contractors required to submit two snapshot dates of compensation data in response to the Scheduling Letter and Itemized Listing?

Yes, contractors must submit two snapshot dates of compensation data. The contractor must submit employee level compensation data for all employees as of (1) the date of the organizational display or workforce analysis and (2) as of the date of the prior year’s organizational display or workforce analysis.

4. Which employees must the contractor include in the data?

The employee level data must include, but is not limited to, full‐time, part‐time, contract, per diem or day labor, and temporary employees. Contractors must provide employee level compensation data for all the employees included in the AAP workforce analysis/organizational display applicable for each snapshot date. The term "employee," as used in the AAP regulations in 41 CFR part 60‐2, is broad enough to include part‐time, temporary and full‐time employees. Therefore, OFCCP already requires contractors to include part‐time and temporary employees in their AAPs. Item 19 seeks compensation data for "contract, per diem, or day laborers" as categories of temporary employees on the contractor’s payroll.

5. What additional information must the contractor include with the individual level compensation data?

The contractor must provide, for each employee, gender, race/ethnicity, hire date, job title, EEO‐1 Category, and AAP job group in a single file. Additionally, for each employee, the contractor must provide the base salary and/or wage rate, annualized base compensation, and hours worked in a typical workweek. Other compensation or adjustments to salary such as, but not limited to, bonuses, incentives, commissions, merit increases, locality pay or overtime must also be identified separately for each employee.

6. What data factors that affect employee compensation must a contractor submit?

A contractor must provide relevant data on the factors used to determine employee compensation such as education, experience, time in current position, duty location, geographical differentials, performance ratings, department or function, job families and/or subfamilies, and salary level/band/range/grade.

7. What additional documentation regarding compensation systems must contractors submit?

Contractors are required to submit relevant compensation policies, including those that explain the factors and reasoning used to determine compensation. Examples include but are not limited to: guidance or training regarding initial compensation decisions, compensation adjustments, the use of salary history in setting pay, job architecture, salary calibration, salary benchmarking, compensation review and approval.

8. Item 22 requires contractors to submit documentation regarding their obligation to evaluate their compensation system(s) in accordance with 41 CFR 60-2.17(b)(3). What documentation must contractors provide?

Contractors must submit documentation showing:

When the compensation analysis was completed;
The number of employees included and the number and categories of employees excluded;
Which forms of compensation were analyzed and if applicable, how the different forms of compensation were separated or combined for analysis;
That compensation was analyzed by gender, race, and ethnicity; and
The method of analysis employed by the contractor (e.g., multiple regression analysis, decomposition regression analysis, meta-analytic tests of z-scores, compa-ratio regression analysis, rank-sums tests, career-stall analysis, average pay ration, cohort analysis, etc.).

Contractors can refer to OFCCP’s Directive 2022-01 Revision 1, Advancing Pay Equity Through Compensation Analysis for more information on their obligation to evaluate their compensation system(s).

9. Can contractors submit the requested compensation data with identifying numbers in lieu of providing employee names?

Yes, consistent with past agency practice, contractors may provide the initial individual compensation data submission using identifying numbers and without employee names, provided that the contractor includes the required gender, race/ethnicity, hire date, job title, EEO‐1 category, and AAP job group for the employees. However, the review may involve requests for additional information or an onsite visit to the facility at a later phase. In these circumstances, the Compliance Officer may need the employee names to conduct interviews or to match against other records such as personnel files.

10. What is the timeframe for the other compensation or adjustments to salary?

For each employee in the workforce analysis/organizational display, the contractor must identify separately other compensation or adjustments to salary (e.g., bonuses, incentives, commissions, merit increases, locality pay or overtime). For each employee in the workforce analysis/organizational display, contractors must provide the actual amount paid to each employee in other compensation or adjustments to salary during the 12-month period preceding the date of each of the two organizational displays or workforce analyses described in Compensation FAQ #3.

11. The submission requires hire data on each employee record. Should the hire date reflect the original hire date, re‐hire date (in case of an employee that left and was later re‐hired), or a service date?

The contractor should provide information on the most recent hire date for each employee. However, if an employee’s status as a rehire is a factor that affects pay, Item 19 provides that the contractor must provide additional data on this factor (e.g., a contractor may also include the original hire date, and any information on how this impacts the employee’s pay).  

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Last updated on September 12, 2023