1. My company currently has an open focused review. Since OFCCP removed focused reviews from the Supply and Service FY 2020, Release – 1 scheduling list, will it be closing all open focused reviews?
  2. OFCCP has removed compliance checks from the Supply and Service FY 2020, Release – 1 list. Does OFCCP plan to remove compliance checks from the Construction FY 2020, Release – 1 list as well?
  3. My company had an establishment on the Supply and Service FY 2020, Release – 1 scheduling list, which has since been removed. How does this impact the timeline for this establishment to be reviewed in the future?
  4. What is OFCCP’s Corporate Scheduling Announcement List?
  5. How is the CSAL different from a Scheduling Letter?
  6. How does OFCCP determine the size and frequency of its scheduling list?
  7. Is it possible for an establishment to undergo a review during the scheduling cycle without receiving a CSAL?
  8. Where can I find more information about Focused Reviews?
  9. What is a Compliance Check?
  10. Is there a regulatory or statutory limit on the number of establishments that can be scheduled per contractor?
  11. Why do scheduling lists have different limits on the number of establishments per parent company?
  12. How can a contractor obtain more information about the compliance evaluation process?
  13. Why does OFCCP make the CSAL list available in its FOIA Library?
  14. What can I do if the establishment address is wrong, the facility is closed, or the establishment was scheduled in error?
  15. What is the difference between closure and relocation of an establishment?
  16. What can I do if I received a reply from the Scheduling Mailbox that the establishment has been removed but it still shows in the CSAL list on OFCCP's website?
  17. What is covered in a University Review?
  18. How are CMCE establishments selected for a compliance evaluation?
  19. Can a corporate headquarters be scheduled for an establishment evaluation instead of a CMCE review?
  20. If more than one establishment of my company is included on this scheduling list, how will the compliance reviews be scheduled and coordinated?
  21. What can I do if the establishment name does not accurately reflect the company name?

1. My company currently has an open focused review. Since OFCCP removed focused reviews from the Supply and Service FY 2020, Release – 1 scheduling list, will it be closing all open focused reviews?

No. OFCCP’s decision to remove all focused reviews and compliance checks from the Supply and Service FY 2020, Release – 1 scheduling list has no impact on open reviews from prior lists. Unscheduled reviews from prior lists will continue to be scheduled and open reviews from prior lists will proceed as usual to their conclusion.

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2. OFCCP has removed compliance checks from the Supply and Service FY 2020, Release – 1 list. Does OFCCP plan to remove compliance checks from the Construction FY 2020, Release – 1 list as well?

No. OFCCP plans to proceed with the scheduling of compliance checks on the Construction FY 2020, Release – 1 list.

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3. My company had an establishment on the Supply and Service FY 2020, Release – 1 scheduling list, which has since been removed. How does this impact the timeline for this establishment to be reviewed in the future?

Since your establishment has not concluded a review or concluded progress report monitoring resulting from a conciliation agreement or consent decree within the last two years, your establishment could be included now or on future scheduling lists.

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4. What is OFCCP’s Corporate Scheduling Announcement List?

The Corporate Scheduling Announcement List (CSAL) is a courtesy notification to contractors selected to undergo a compliance evaluation. The review will start once the establishment receives OFCCP’s Office of Management and Budget (OMB)-approved scheduling letter. The purpose of the CSAL is to:

  • Provide the contractor notice to prepare for the compliance evaluation; and
  • Encourage contractors to take advantage of OFCCP compliance assistance offerings.

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5. 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 Scheduling Letter is used to notify a particular contractor establishment that it has been scheduled for a compliance evaluation.

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6. How does OFCCP determine the size and frequency of its scheduling list?

The size and frequency of each scheduling release depends on the agency’s workload and resources. Scheduling lists in prior years have ranged from 2,500 to 5,000 establishments.

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7. Is it possible for an establishment to undergo a review during the scheduling cycle without receiving a CSAL?

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 a conciliation agreement or consent decree progress report monitoring.

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8. Where can I find more information about Focused Reviews?

Detailed information about focused reviews is available on the OFCCP website at www.dol.gov/agencies/ofccp/section-503/focused-reviews for Section 503 and www.dol.gov/agencies/ofccp/vevraa/focused-reviews for VEVRAA. Information about Accommodation Focused Reviews and Promotion Focused Reviews will be available before those reviews are scheduled.

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9. What is a Compliance Check?

A Compliance Check determines whether a contractor maintains records consistent with their obligations under OFCCP’s laws and has correctly certified in the U.S. General Services Administration’s (GSA) System for Award Management database that it has established Affirmative Action Programs (AAP) at each establishment. Depending on the certification and records review, the agency may convert the compliance check into a compliance review of the establishment.

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10. 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 a desire to conduct systemic reviews on a large and diverse universe of contactors.

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11. 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, although this has varied. In this most recent list, OFCCP has set a limit of nine compliance reviews per parent company. Please note that the parent company may have additional establishments scheduled from prior scheduling lists.

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12. 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 are available at https://www.dol.gov/agencies/ofccp/contact/regional-offices.

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13. 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.

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14. What can I do if the establishment address is wrong, the facility is closed, or the establishment was scheduled in error?

OFCCP collects contract data from USAspending.gov and establishment-level data from the Employer Information Report (EEO-1) filings. Sometimes, this information is outdated. If an establishment listed on the CSAL has an incorrect address or a different mailing address or has closed, please send your requested corrections to the Scheduling Mailbox at OFCCP-DPO-Scheduling@DOL.gov.

If you believe OFCCP should not have selected a facility listed on the CSAL for review, please send an email to the Scheduling Mailbox explaining your reasoning and provide supporting documentation. OFCCP will respond to these inquiries promptly.

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15. What is the difference between closure and relocation of an establishment?

An establishment closure means that the facility is shut down and all employees are laid off or moved to different locations. On the other hand, a relocation means that the entire establishment moved to a different location with most employees intact. OFCCP verifies closures and relocations through multiple sources including public records, news bulletins and public statements of company and public officials.

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16. What can I do if I received a reply from the Scheduling Mailbox that the establishment has been removed but it still shows in the CSAL list on OFCCP's website?

If a contractor receives a response from the Scheduling Mailbox confirming that it is exempted from review, it will not be sent a scheduling letter. The establishment remains on the CSAL list to reflect neutral scheduling; OFCCP does not amend the CSAL.

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17. What is covered in a University Review?

University reviews include the entire university campus located in one city. University reviews of one campus will not include the university’s other campuses in another city, medical school, and/or its affiliated hospital. Further, these reviews will not include university extension programs and services that are located outside of the main campus. If a university has multiple campuses in different cities, each campus is treated as a separate establishment of the university. Similarly, medical schools and hospitals, if owned by the university, are treated as separate establishments.

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18. How are CMCE establishments selected for a compliance evaluation?

CMCE reviews are scheduled for the corporate headquarters. The number of CMCE reviews included in a scheduling list varies from list to list and depends on the current inventory of cases and available resources. OFCCP identifies headquarter locations through Duns & Bradstreet (D&B) or through an EEO‐1 filing of the contractor with the Equal Employment Opportunity Commission (EEOC).

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19. Can a corporate headquarters be scheduled for an establishment evaluation instead of a CMCE review?

Yes. There is no legal prohibition to scheduling a corporate headquarters for an establishment level compliance evaluation or another type of review. For example, OFCCP has designated corporate headquarters as Section 503 Focused Reviews in the FY 2019 scheduling list.

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20. If more than one establishment of my company is included on this scheduling list, how will the compliance reviews be scheduled and coordinated?

All of the establishments on the Supply and Service Scheduling List FY 2022, Release - 1, were included based on OFCCP’s neutral selection methodology. For purposes of assigning compliance reviews to regions, OFCCP has divided its scheduling list into two parts in order to strategically use its limited resources and increase efficiencies. One part includes those contractors with three or four establishments (for these purposes, referred to as “multi-establishment”) on this list. The second part includes those contractors with one or two establishments on this scheduling list.

OFCCP assigned compliance reviews for parent companies with three or four establishments on this scheduling list to the same region. After scheduling a contractor’s first establishment, OFCCP will contact the contractor’s point of contact to discuss scheduling the remaining establishments in a coordinated manner.

OFCCP assigned compliance reviews for parent companies with two establishments on this scheduling list to a region based on the establishment’s postal address, and regions will coordinate the compliance reviews, where appropriate, after each establishment is scheduled. Please note that the parent company may have additional establishments scheduled from prior scheduling lists.

 

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21. What can I do if the establishment name does not accurately reflect the company name?

Generally, the name that is used to schedule a company is determined by the name the company registers in SAM.gov or the name the company reports in Employer Information Report (EEO-1) filings. If the company name reflected on the Corporate Scheduling Announcement List (CSAL) is incorrect, or if the establishment name has changed due to an acquisition, merger, or reorganization, please send your requested corrections to the Scheduling Mailbox at OFCCP-DPO-Scheduling@DOL.gov. Please verify and correct where necessary the name fields on the EEO-1 and SAM.gov annual reports and certifications for consistency in the future.

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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 May 20, 2022