OFCCP published the new Corporate Scheduling Announcement List (CSAL) of 500 establishments as a supplement to the FY 2019 list to conduct VEVRAA Focused Reviews.
This CSAL provides contractors a minimum 45-day courtesy notification before OFCCP begins sending its OMB-approved scheduling letter. After receiving the OMB-approved scheduling letter, contractors will have the standard 30 days to submit their Affirmative Action Programs (AAPs). As a result, all contractors on the current list are receiving a minimum of 75 days advance notice to have the AAPs ready for submission. OFCCP will also grant a one-time 30-day extension for supporting data where AAPs are provided timely as indicated in OFCCP’s FAQ on requesting an extension for submission of AAPs and supporting data, which should be reviewed for more information on this topic.
This data collection is approved by OMB under the Paperwork Reduction Act. OFCCP limited this scheduling list to no more than 15 establishments of any parent company.
No establishment that concluded a review or concluded progress report monitoring resulting from a conciliation agreement or consent decree, within the last two years, is included on this scheduling list.
Corporate Scheduling Announcement List - Questions and Answers
- What is OFCCP’s Corporate Scheduling Announcement List?
- How is the CSAL different from a Scheduling Letter?
- How does OFCCP determine the size and frequency of its scheduling list?
- Is it possible for establishments not included on the CSAL to be scheduled for a compliance evaluation during the scheduling cycle?
- How are Section 503 Focused Reviews different from Corporate Management Compliance Evaluations?
- What is a Compliance Check?
- Why is the exemption period for this scheduling list for two years when the last list had a five-year exemption?
- Is there a regulatory or statutory limit on the number of establishments that can be scheduled per contractor?
- Why do scheduling lists have different limits on the number of establishments per parent company?
- How can a contractor obtain more information about the compliance evaluation process?
- Why does OFCCP make the CSAL list available in its FOIA Library?
- What can I do if the establishment address is wrong or the facility is closed?
- Will HIRE Vets Medallion Winners receive an exemption from the FY 2019 VEVRAA Focused Reviews Scheduling List?
- Will VEVRAA focused reviews occur at all contractor facilities?
- Will a VEVRAA focused review include an on-site review?
What is OFCCP’s Corporate Scheduling Announcement List?
The Corporate Scheduling Announcement List (CSAL) is a courtesy notification to an establishment selected to undergo a compliance review, CMCE, FAAP review, Section 503 Focused Review, VEVRAA Focused Review, or Compliance Check. The review will start once the establishment receives OFCCP’s OMB-approved scheduling letter. The purposes of the CSAL is to:
- Provide the contractor establishment’s internal EEO staff at least 45-days advance notice to prepare for the compliance review; and
- Encourage contractors to take advantage of OFCCP compliance assistance offerings.
How is the CSAL different from a Scheduling Letter?
The CSAL is not required by law. It is a courtesy notification to a company establishment through which OFCCP provides resources and assistance through the district and regional offices.
The Scheduling Letter is the OMB-approved letter sent to an establishment to start the compliance evaluation process and request submission of the contractor’s affirmative action program(s) and the supporting data. The list is used to notify a particular contractor establishment that it has been scheduled for a compliance evaluation.
How does OFCCP determine the size and frequency of its scheduling list?
The size and frequency of each scheduling release depend on the agency’s workload and resources. Scheduling lists in prior years have ranged from 2,500 to 5,000 establishments.
Is it possible for establishments not included on the CSAL to be scheduled for a compliance evaluation during the scheduling cycle?
Yes. The list of establishments is not all-inclusive. For example, an establishment of a contractor not on the CSAL may be selected for evaluation because of a complaint, contract award notice, or as a result of conciliation agreement or consent decree progress report monitoring.
How are Section 503 Focused Reviews different from Corporate Management Compliance Evaluations?
Corporate Management Compliance Evaluation (CMCEs) cover the full scope of a contractor’s compliance with all three of OFCCP’s laws (Executive Order 11246, Section 503, and VEVRAA) at the corporate level. Section 503 Focused Reviews cover only those obligations that are specified in Section 503 of the Rehabilitation Act of 1973.
Section 503 Focused Reviews are scheduled at the headquarters of multi-establishment companies and will be conducted on-site. More information on Focused Reviews is available at www.dol.gov/agencies/ofccp/section-503/focused-reviews.
OFCCP will not begin conducting the on-site portion of Section 503 Focused Reviews until September 1, 2019, to allow contractors sufficient time to seek technical assistance from OFCCP’s regional and district offices.
What is a Compliance Check?
A Compliance Check determines whether a contractor maintains records consistent with their obligations.
Why is the exemption period for this scheduling list for two years when the last list had a five-year exemption?
OFCCP has no legal obligation to provide establishments with an exemption for a period of time after the establishment has completed a compliance evaluation.
OFCCP’s policy is and continues to be that once a contractor establishment concludes a scheduled compliance evaluation, it will not be eligible for scheduling for two years following the date on which the prior evaluation was closed, or monitoring under a conciliation agreement or consent decree was completed. The five-year exemption applied to the FY 2018 scheduling list and its Supplement were the exception to OFCCP’s historical practice. It was a one-time decision. Starting this scheduling list, OFCCP has returned to its previous policy to exempting establishments for two years.
Is there a regulatory or statutory limit on the number of establishments that can be scheduled per contractor?
No. There is no legal limitation on the number of establishments per contractor that OFCCP can schedule for a compliance review.
OFCCP may set limits on the number of establishments per contractor and on the types of reviews based on factors that include agency resources and local office workload.
Why do scheduling lists have different limits on the number of establishments per parent company?
Generally speaking, the size of the scheduling list determines the maximum number of establishments of a single parent company that can be included in a scheduling list. Because the size of scheduling lists vary, so does the limit on establishments of a single parent company. Historically, OFCCP scheduling lists have set a 25-establishment limit per parent company.
How can a contractor obtain more information about the compliance evaluation process?
Questions about the compliance evaluation process should be directed to your district or regional OFCCP office. Addresses and contact information for the OFCCP Help Desk are available at https://www.dol.gov/agencies/ofccp/contact/regional-offices.
Why does OFCCP make the CSAL list available in its FOIA Library?
The Freedom of Information Act (FOIA) (5 U.S.C. § 552) requires OFCCP to post the CSAL in an accessible electronic format. It requires federal agencies to "make available for public inspection in an electronic format" records "that have been requested 3 or more times" and are "likely to become the subject of subsequent requests." The CSAL is a frequently requested federal record and is not covered by any FOIA exemptions or exclusions.
What can I do if the establishment address is wrong or the facility is closed?
OFCCP collects contract data from the Federal Procurement Data System-New Generation and establishment-level data from the Employer Information Report (EEO-1) filings. Sometimes, this information is old and needs to be updated. If your establishment address is incorrect or you have a different mailing address, you can send address corrections to the Scheduling Mailbox at OFCCP-DPO-Scheduling@DOL.gov. If the facility is closed or has a different parent company due to acquisition or merger, you can send this correction as well to the same mailbox with a copy of the most recent EEO-1 report.
Will HIRE Vets Medallion Winners receive an exemption from the FY 2019 VEVRAA Focused Reviews Scheduling List?
Yes, the 2018 HIRE Vets Medallion winners were excluded from the 2019 VEVRAA Focused Reviews Scheduling List. If a 2019 HIRE Vets Medallion Winner (federal contractor) is on the list, OFCCP will proactively remove it from the list. You may confirm your removal by sending an e-mail to the Scheduling Mailbox at: OFCCP-DPO-Scheduling@DOL.gov. To confirm if you are a HIRE Vets Medallion winner, please visit the U.S. Department of Labor VETS website at https://blog.dol.gov/2019/02/27/3-reasons-employers-should-apply-for-the-hirevets-medallion-award.
Will VEVRAA focused reviews occur at all contractor facilities?
VEVRAA focused reviews will take place at contractors’ corporate headquarters, establishment, or functional unit locations.
Will a VEVRAA focused review include an on-site review?
Yes. OFCCP will conduct virtual on-site reviews for VEVRAA focused reviews, with the possibility for physical on-site reviews in the future. OFCCP has successfully conducted virtual on-site reviews for Section 503 focused reviews due to the pandemic.