February 25, 2019

Federal Contractors: Monitor the OFCCP's FOIA Library for Advance Notice of Coming Audits

Federal contractors should start monitoring the Office of Federal Contract Compliance Programs (OFCCP)’s Freedom of Information Act (FOIA) Library beginning in mid-March 2019 to see if they have been selected for a future compliance evaluation (audit) via the 2019 Corporate Scheduling Announcement List (CSAL).

Beginning in mid-to-late March 2019, electronic access will be the only way for federal contractors to obtain such advance notice of an upcoming OFCCP audit.

Historically, federal contractor establishments selected for audit received advance courtesy notice by mail in the form of a Corporate Scheduling Announcement Letter. But now, for the first time, no letters will be directly mailed. Instead, the OFCCP will continue its recent move to publish the CSAL by posting the list on its FOIA Library.

Although the OFCCP will continue to mail scheduling letters that initiate the actual compliance evaluation, federal contractors should not miss the opportunity to begin preparations for the audit within the minimum 45-day window afforded by the advance courtesy notice.

Notably, some evaluations conducted under the upcoming CSAL will feature new OFCCP initiatives. The OFCCP stated that, in addition to compliance evaluations, the CSAL will also include Section 503 Focused Reviews pursuant to OFCCP’s Focused Review Directive (DIR 2018-04) and compliance checks pursuant to OFCCP’s Affirmative Action Program Verification Initiative Directive (DIR 2018-07).

For real-time notifications of when the CSAL posts to the OFCCP FOIA Library, we recommend that federal contractors subscribe to OFCCP Email Updates.

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