OFCCP has announced that beginning November 27, 2006, regional offices may schedule compliance evaluations of non-construction Federal contractors from a new scheduling list comprised of approximately 2,000 facilities. The agency generated this list through its Federal Contractor Selection System (FCSS). OFCCP also says that additional scheduling releases in FY 2007 are anticipated.
Establishments on the Scheduling List:
OFCCP’s selection system uses multiple information sources and analytical procedures to select contractors for review. One of the components of OFCCP’s selection system involves the use of a mathematical model that predicts the likelihood of a finding of systemic discrimination (defined as a compliance evaluation that resulted in a conciliation agreement in the amount of $100,000 or more between 1995 and 2000). The list also includes several establishments identified through external Federal contract databases as part of OFCCP’s Contracts First Initiative.
Not on the Scheduling List:
Excluded from the new scheduling list are establishments that are currently undergoing a compliance evaluation, were evaluated within the last 24 months, or have received the Secretary of Labor’s Opportunity Award or an Exemplary Voluntary Efforts Award within the last three years. Also excluded from this list are Federal contractors with Functional Affirmative Action Program (FAAP) agreements. These contractors will be selected for review through a separate process.
Scheduling Announcement Letters Mailed:
OFCCP has mailed a Corporate Scheduling Announcement Letter (CSAL) dated November 9, 2006 to the CEO or designated point of contact of each parent company with more than one establishment on this initial scheduling list. This letter is not a Scheduling Letter for a compliance evaluation. It only announces that certain establishments may be scheduled for a possible compliance evaluation during the scheduling cycle.
OFCCP advises that not all of the establishments identified in the attachment to the CSAL may be scheduled for an evaluation, and it is possible that establishments not identified in the attachment may be evaluated by OFCCP for a variety of reasons. For contractors with multiple establishments, OFCCP will not schedule more than 25 new evaluations during a scheduling cycle (about 12 months).
More information is contained in a Q&A on the Federal Contractor Selection System and on the Corporate Scheduling Announcement Letter.
In addition to this announcement, OFCCP also provided a copy of the Compliance Evaluation Scheduling Letter, which is set to expire on November 30, 2008.
Recommendations:
DCI recommends that corporate affirmative action leaders promptly notify the appropriate company personnel about this important development. In particular, corporate offices should be alerted to the possibility the CEO may receive a Corporate Scheduling Announcement Letter from OFCCP. Contractors that want to confirm whether their company was mailed a CSAL should fax a written request on company letterhead to the Division of Policy, Planning & Program Development at 202-693-1304.