OMB Approves OFCCP’s Scheduling Letter

By: Joanna Colosimo, Bill Osterndorf, Amanda Bowman

On August 24, 2023, the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB) posted an “Approved with Change” action for OFCCP’s proposed revisions to its scheduling letter for supply and service contractors. DCI is digesting the changes to provide comprehensive side-by-side comparisons from the prior version. 

The revised scheduling letter and itemized listing have minimal changes made from the version proposed in April. Notable items that were retained will create significant additional burdens for contractors compared to the scheduling letter to be replaced, including: 

  1. Parameters requiring the submission of all AAPs for universities and other organizations with campus-like settings;
  2. Robust documentation efforts required for outreach and positive recruitment activities;
  3. Requirement for two years of compensation data to be submitted, along with information to indicate a contractor evaluated their compensation system as required by 41 CFR 60-2.17(b)(3); and  
  4. Requirement to identify systems that utilize artificial intelligence and automated systems or other technology-based procedures. 

Additionally, OFCCP has updated its FAQs to reflect the contents of the revised scheduling letter and itemized listing. 

DCI will provide more insight into the scheduling letter next week, with practical tips on how contractors can prepare for an audit. 

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