OFCCP Publishes 2023 Corporate Scheduling Announcement List for Upcoming Construction Audits

At a Glance

• The Office of Federal Contractor Compliance Programs (OFCCP) released its 2023 Corporate Scheduling Announcement List (CSAL) for construction contractors on June 5, 2023.
• The CSAL notifies 250 federal and federally assisted contractors and subcontractors of upcoming audits.

On June 5, 2023, the Office of Federal Contractor Compliance Programs (OFCCP) released its 2023 Corporate Scheduling Announcement List (CSAL) for construction contractors. The CSAL notifies 250 federal and federally assisted contractors and subcontractors (contractors) of upcoming audits. Contractors should immediately review the 2023 Construction CSAL because it serves as the only advance notification to contractors of upcoming audits.

Consistent with the FY 2021 Construction CSAL, all of the upcoming audits have been identified as traditional full compliance reviews — as opposed to the more simplified construction compliance checks that were previously listed on the FY 2020 Construction CSAL.

As noted above, the CSAL is the only advance warning selected contractors will receive before the audit begins. Selected contractors will be notified that the audit has commenced by receiving a scheduling letter for construction compliance evaluations, which can come at any time. Once a contractor receives the scheduling letter, the contractor usually has only 30 days to submit data, contractor records and their Affirmative Action Plans (AAPs) (if applicable) to the OFCCP. Accordingly, contractors identified on the CSAL should timely ensure their affirmative action program is legally compliant and evaluate any additional compliance efforts required by federal regulations.

The OFCCP concurrently published its methodology for selecting the contractors for the list, which the agency begins by downloading federal construction contracts valued over $10,000 from the USAspending database and federally assisted construction contracts valued over $10,000 was provided by the U.S. Department of Transportation. The OFCCP explained that it applied the following criteria in selecting establishments for the CSAL:

• Contract records with estimated start dates prior to May 15, 2022, and estimated end dates after May 15, 2025, were retained.
• The OFCCP then cross-referenced its compliance management system and removed those contractors that were currently under review; currently in a monitoring period pursuant to a conciliation agreement; or currently within the exemption period following a closed review.
• The OFCCP further refined this list by selecting contractors with the highest aggregated contract value for all contract work performed in their assigned OFCCP district office’s jurisdiction.

Note also that the OFCCP does not purge unscheduled cases from prior lists before releasing a new scheduling list. The OFCCP’s district offices will continue to exhaust prior lists before selecting contractors from a newly released scheduling list.

In addition to its methodology, the OFCCP also published a list of frequently asked questions to assist federal construction contractors in the compliance process. The OFCCP also provides a compilation of resources and best practices for construction contractors and its detailed Construction Contractors Technical Assistant Guide.

If you have any questions about the CSAL or other OFCCP compliance issues, please contact one of the Faegre Drinker professionals below.