DCI has received an advanced copy of the revised proposed OFCCP scheduling letter, compliance check and itemized listing. The Office of Management and Budget (OMB) has completed its review of the revised letter and it will be published on Regulations.gov tomorrow, September 29, 2011. The current OFCCP scheduling letter, set to expire this Friday September 30, 2011, was updated and published for public comment in May 2011. The Center for Corporate Equality (CCE), along with 17 other groups/individuals, submitted public comments during the initial comment period.
Upon receiving the revised scheduling letter, it is evident that minimal changes were made by the OFCCP after reviewing public comments. Many stakeholders indicated a variety of issues during the public comment period that were not addressed in the version sent to and approved by OMB, including issues related to contractor burden estimates and concerns regarding the Paperwork Reduction Act. Rationale for OFCCP to disregard many of the comments can be seen in their supporting statement.
Once the revised scheduling letter is published tomorrow, there will be another 30-day comment period for the public. DCI anticipates the final scheduling letter will be released January 1, 2012. Until that time, the contractor community will continue to receive the current scheduling letter when audited. Although the letter is set to expire at the end of this week (September 30, 2011), its use is extended due to the OMB review process. DCI will host a webinar to examine the updated letter, note the minimal changes made during the review period, and implications of the itemized listing for the contractor community. Details to follow next week.
September 28, 2011