OFCCP Implements Quality Control Measures That Increase Likelihood of On-Site Audit

Over the past few years, the Office of Federal Contract Compliance Programs (OFCCP) has implemented new procedures for scheduling compliance reviews that make it more likely every federal contractor will receive at least some degree of periodic scrutiny. As part of this process, OFCCP created tiered levels of review that often permit contractors to avoid a more protracted audit by presenting basic information regarding their compliance efforts.

However, under a recent directive signed September 17 by the deputy assistant secretary of federal contract compliance, some contractors will now be subjected to more in-depth audits just by luck of the draw.

OFCCP currently conducts three levels of audits: an abbreviated desk audit, a full desk audit, and an on-site audit. In the past, a full desk audit or on-site audit was only required if OFCCP found indicators of systemic discrimination during an abbreviated desk audit.

Now, pursuant to the September 17 directive, every twenty-fifth contractor selected for an audit will have a full desk audit and every fiftieth contractor selected for an audit will have a full on-site audit—even in the absence of any preliminary finding of systematic discrimination.

OFCCP states it has implemented this directive as a quality control measure to ensure contractors are developing and implementing affirmative action plans and maintaining the required support data. If OFCCP finds no indicators of systemic discrimination in the course of these expended reviews, it will issue a closure letter.

OFCCP has indicated an intention to provide audit notices to approximately 2,500 contractor establishments in October and to another 5,000 in March 2009.