1. My company traditionally performs work under non-construction, or supply & service contracts. If my company also performs work under a construction contract, and my company is scheduled for a review under said construction contract, will OFCCP administratively close the construction compliance review?
  2. My company had an establishment on a previous Supply and Service scheduling list but was later removed. How does this impact the timeline for this establishment to be reviewed in the future?
  3. What is OFCCP’s Corporate Scheduling Announcement List?
  4. How is the CSAL different from a Scheduling Letter?
  5. How does OFCCP determine the size and frequency of its scheduling list?
  6. Is it possible for an establishment to undergo a review during the scheduling cycle without receiving a CSAL?
  7. Is there a regulatory or statutory limit on the number of establishments that can be scheduled per contractor?
  8. Why do scheduling lists have different limits on the number of establishments per parent company?
  9. How can a contractor obtain more information about the compliance evaluation process?
  10. Why does OFCCP make the CSAL list available in its FOIA Library?
  11. What can I do if the establishment address is wrong, the facility is closed, or the establishment was scheduled in error?
  12. What is the difference between closure and relocation of an establishment?
  13. 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?
  14. What is covered in a University Review?
  15. How are CMCE establishments selected for a compliance evaluation?
  16. Can a corporate headquarters be scheduled for an establishment evaluation instead of a CMCE review?
  17. If more than one establishment of my company is included on this scheduling list, how will the compliance reviews be scheduled and coordinated?
  18. What can I do if the establishment name does not accurately reflect the company name?
  19. How will OFCCP select a contractor for a compliance evaluation that has a single contract that involves both construction and nonconstruction (supply and service)?
  20. What efforts will OFCCP take to ensure contractors included in the FY2023 CSAL Construction Scheduling List understand their affirmative action obligations under 41 CFR part 60-2 and 41 CFR part 60-4? 

1. My company traditionally performs work under non-construction, or supply & service contracts. If my company also performs work under a construction contract, and my company is scheduled for a review under said construction contract, will OFCCP administratively close the construction compliance review?

No. OFCCP will no longer administratively close the construction compliance reviews in this instance.

Contractors and subcontractors with a covered construction contract are required to fulfill all applicable obligations under 41 CFR 60-4 as to its workers that are engaged in on-site construction work and functions incidental to the actual construction (e.g., supervision or inspection of construction work), and including those construction employees who work on a non-Federal or non-federally assisted construction site. Thus, a company that holds a covered non-construction (supply and service) contract and a covered construction contract may be scheduled and reviewed by OFCCP under 41 CFR 60-2 or 41 CFR 60-4, depending on the establishment or worksite that is scheduled.

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2. My company had an establishment on a previous Supply and Service scheduling list but was later removed. How does this impact the timeline for this establishment to be reviewed in the future?

If your establishment has not completed a review or completed 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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3. 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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4. 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 offers to provide 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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5. 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 400 to 5,000 establishments.

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6. 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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7. 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 contractors.

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8. Why do scheduling lists have different limits on the number of establishments per parent company?

The size of the scheduling list generally plays a role in the determination of the maximum number of establishments of a single parent company that can be included in a scheduling list. The size of scheduling lists varies as does the number of establishments per parent company from list to list. The agency continues to assess the impact of different approaches to its scheduling methodology. At times, OFCCP has included as many as 25 establishments per parent company on a scheduling list. In the Supply and Service Scheduling List FY 2023, Release - 2, OFCCP set a limit of three compliance reviews per parent company. Please note that the parent company may have additional establishments scheduled from prior scheduling lists.

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9. 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 on the Regional Office Directory webpage.

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10. 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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11. 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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12. 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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13. 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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14. 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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15. 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 headquarters 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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16. 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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17. If more than one establishment of my company is included on this scheduling list, how will the compliance reviews be scheduled and coordinated?

In the Supply and Service Scheduling List FY 2023, Release - 2, OFCCP assigned compliance reviews for parent companies with two or more establishments in the same region so that both the agency and the contractor can engage in these reviews in a coordinated manner. Regional offices will coordinate the compliance reviews after each establishment is scheduled. Please note that the parent company may have additional establishments scheduled from prior scheduling lists.

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18. 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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19. How will OFCCP select a contractor for a compliance evaluation that has a single contract that involves both construction and nonconstruction (supply and service)?

In instances where a single contract involves both construction and supplies and services, OFCCP may select the contractor for a construction or supply and service compliance evaluation based on the information available at the time OFCCP develops the scheduling list and in accordance with the Federal Acquisition Regulations (FAR) 36.101(c).

OFCCP’s Division of Program Operations develops separate lists of construction contractors and subcontractors and supply and service contractors and subcontractors for compliance evaluations. These lists are developed using neutral selection procedures. The methodology used to develop current lists can be found on OFCCP's Methodologies webpage. OFCCP also issues Corporate Scheduling Announcement Lists to provide advance courtesy notification to contractors selected for a compliance evaluation. These lists can be found on the OFCCP Scheduling List Resources page.

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20. What efforts will OFCCP take to ensure contractors included in the FY2023 CSAL Construction Scheduling List understand their affirmative action obligations under 41 CFR part 60-2 and 41 CFR part 60-4?

OFCCP is committed to engaging its stakeholders with the goals of providing access to information, identifying and addressing issues that might hinder successful affirmative action implementation, and providing compliance assistance to contractors. OFCCP’s website contains specific information regarding nonconstruction (supply and service) contractor affirmative action obligations under 41 CFR 60-2. Please visit the OFCCP website or our Supply and Service Contractors Technical Assistance Guide. For construction contractor obligations under 41 CFR 60-4, additional resources can be found on the OFCCP Construction website or our Construction Contractors Technical Assistance Guide.

To view scheduled technical assistance webinars and stakeholder events, visit the DOL Events Calendar at www.dol.gov/calendar/. To view recordings and transcripts of previously conducted technical assistance webinars visit the OFCCP Public Webinars page. Contractors and other stakeholders can contact OFCCP’s Customer Service Desk at 1-800-397-6251, or by choosing the Contact Us link on the OFCCP website to email us.

We will continue to provide any needed compliance assistance including issuing frequently asked questions, conducting webinar(s), and providing other compliance assistance requested by stakeholders.

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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 December 4, 2023