OFCCP Sends Out 750 Supplemental Corporate Scheduling Announcement Letters
Last week, the Office of Federal Contract Compliance Programs (OFCCP) mailed 750 Corporate Scheduling Announcing Letters (CSALs) as a supplement to the FY2018 Scheduling List released in March 2018. For reference, view an example of a CSAL.
CSALs provide contractors a 45-day courtesy notice prior to sending OMB-approved audit scheduling letters (formally called a Scheduling Letter and Itemized Listing). Receiving a CSAL does not mean a contractor will definitely be selected for a compliance review, and conversely, contractors may be selected for a compliance review without receiving a CSAL. Contractors who are selected for a compliance review will receive a standard Scheduling Letter and Itemized Listing, which provides the contractor with 30 days to submit its Affirmative Action Program (AAP) and supporting documentation. Because the 30-day turnaround period for responding to an audit notice goes quickly, contractors who receive a CSAL are advised to ensure that their AAP and supporting documentation are in good shape in the event of an audit.
In addition to sending CSALs, OFCCP issued guidance on requesting extensions to audit scheduling letters. OFCCP made clear that it will provide a 30-day extension for submitting supporting data in connection with a contractor’s AAP if the contractor (1) requests the extension prior to the initial due date for the AAP and (2) timely submits the basic EO 11246, Section 503, and VEVRA AAPs within the initial 30-day period after receiving the Scheduling Letter and Itemized Listing. If a contractor fails to timely submit supporting data, OFCCP says a Notice to Show Cause will be issued and enforcement proceedings will be initiated.
Again, contractors who received a CSAL should ensure that their AAP and all documentation requested in a Scheduling Letter and Itemized Listing are ready for OFCCP review. We recommend consulting legal counsel for assistance in this process.
For more information on Corporate Scheduling Announcement Letters (CSALs), please contact Stephanie Scheck, Amy Conway, Carroll Bible or the Stinson Leonard Street contact with whom you regularly work.