On September 1, 2021, OFCCP published a new corporate scheduling announcement list (CSAL) for federal construction contractors and subcontractors. This release follows the Office of Management and Budget’s (OMB) July 6th approval of the agency’s new scheduling letter for regular construction compliance reviews. It also follows OFCCP’s commitment earlier in the year to reinvigorating enforcement of its regulations pertaining to federal construction contractors and subcontractors.
The CSAL includes more than 400 reviews of federal construction contractor or subcontractor “places of performance”. The agency’s methodology behind this scheduling list, along with a description what constitutes a “place of performance”, can be found here. The agency also referenced the FAQs on this topic in their announcement.
It’s important to note that this 2021 construction CSAL does NOT appear to have an impact on construction contractors previously scheduled under OFCCP’s 2020 Construction Compliance Checks CSAL. Thus, employers on the previous list should still be prepared to undergo audits for any pending compliance checks.
As referenced in DCI’s past blog on the agency’s focus on construction contractors, the new scheduling letter will:
- State that there would be a desk audit as part of a compliance review. OFCCP has previously conducted most parts of a construction compliance review by going on-site to one or more construction sites.
- Require the submission of extensive data on personnel activity as part of the desk audit phase of a compliance review.
- Specify the information to be included as part of submitting data to OFCCP during the desk audit phase of a compliance review.
- Require certain specific items associated with the affirmative action plans (AAPs) for protected veterans and individuals with disabilities. Previously, OFCCP simply requested the AAPs for these two classes at the start of a review when a construction company was covered by the affirmative action laws for these two classes.
- Request information on the 16 specifications found in the Executive Order affirmative action regulations for construction companies.
DCI will continue its review of the scheduling letter for construction compliance reviews and its impact on federal construction contractors and subcontractors. Stay tuned for more resources on this topic.
Authors: Zach Olsen, Tyler Wurtz