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Office of Federal Contract Compliance Programs (OFCCP)

 

Federal Contractor Selection System (FCSS) – Frequently Asked Questions

 


 

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.

 


 

How does OFCCP compile its Scheduling List?

OFCCP’s 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 (D&B) data, and statistical thresholds such as industry type and employee counts of federal contractor establishments.

The process, data sources, and factors used to develop the scheduling list may vary from list to list. However, the starting point for all lists is the Federal Procurement Data System – Next Generation (FPDS). The FPDS is compiled and maintained by the U.S. General Services Administration and captures all federal contract transactions. OFCCP analyzes the individual contract transactions from which it develops a list of active contracts and identifies the contractors associated with each contract that fall under the agency’s jurisdiction. OFCCP uses data sources such as EEO–1 and D&B data to identify the corporate parent and/or affiliated establishments of the covered contractors identified through FPDS. The EEO–1 and D&B data also may be used to confirm the address and employee count at each establishment. Functional units from the companies that have an active FAAP agreement with OFCCP are also selected in a neutral fashion and are included in this list. Establishments currently under review, recently reviewed, subject to current conciliation agreements or consent decrees, or waiting for scheduling from the prior list are removed. The list is further refined by applying a number of neutral factors such as contract expiration date, contract value, and pre–defined operational limits on the number of establishments per contractor that may be scheduled in any one cycle. Lastly, OFCCP determines the total number of establishments to be reviewed. The total number of establishments reviewed is based on OFCCP region and district office staffing levels of full time employees (FTE).

The final scheduling list for each district office is sorted using any one of a number of neutral factors including, but not limited to, alphabetical order, employee count at the establishment, contract value or contract expiration date.

OFCCP also conducts other types of compliance reviews, such as focused reviews based on credible evidence of an alleged violation, pre–award evaluations in response to requests for pre–award clearance from federal contracting officers, and reviews initiated from the monitoring of conciliation agreements and consent decrees.

 


 

How does OFCCP schedule compliance evaluations among the selected establishments?

Once OFCCP completes its scheduling list, following the FCSS process detailed in the previous FAQ, the scheduling list is ordered in a neutral fashion and uploaded into the OFCCP computer system. The OFCCP National Office then 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 scheduling list, it accesses the computer system that is maintained by OFCCP’s National Office. This system releases the name and address of the next establishment on the list for that office. For each establishment, the district office must either schedule the establishment for a compliance evaluation or note the reason(s) for not doing so. If the establishment is scheduled for an evaluation, the District Office must enter the date the scheduling letter is sent to that establishment. Information pertaining to the actions taken for each establishment by the OFCCP field office is recorded in the OFCCP computer system controlled by OFCCP’s National Office in order to maintain the integrity of the scheduling list. Once scheduled; however, a field office may manage open 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.

 


 

Is there a regulatory or statutory limit on the number of establishments that can be scheduled per contractor?

There is no legal requirement that limits the number of establishments per contractor that OFCCP may schedule for compliance evaluation.

 


 

Is there an operational limit on the number of establishments that can be scheduled per contractor?

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 that include agency resources and local office workload. For example, the number of FTEs in each Regional and District Office determines the total number of establishments on each office’s list as well as the total number of establishments on the nationwide list.

 


 

Can a contractor establishment that is not on the FCSS list be scheduled for a compliance evaluation?

Yes. OFCCP may conduct a compliance evaluation of an establishment not on the FCSS list under certain circumstances:

  • Pre–award Compliance Evaluation: Contractor establishments pending an award of a federal supply and service contract of $10 million or more may undergo a compliance evaluation.
  • Focused Review: These compliance evaluations may be scheduled by OFCCP when it receives credible information 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 and Consent Decree Monitoring: These evaluations are scheduled during the monitoring period of an executed conciliation agreement or consent decree based on information received in a scheduled progress report, or when OFCCP otherwise needs to determine compliance with the terms of the agreement or decree.

 


 

Can a contractor establishment that was evaluated recently be scheduled for another compliance evaluation?

There is no legal limitation to OFCCP scheduling a recently evaluated establishment.

OFCCP’s policy is and continues to be that once a contractor establishment concludes an FCSS compliance review it will not be eligible for scheduling for a two–year period following the date on which the prior review was closed, or monitoring under a conciliation agreement or consent decree was completed.