It’s time to start checking the mail.  As a sure indication of the Agency’s intention to soon start initiating audits from the FY2019 CSAL, OFCCP has published a new Compliance Check website.  OFCCP has published similar guidance for the Section 503 Focused Reviews.

In furtherance of its commitment to provide more technical assistance, OFCCP created with site “to help contractors prepare for compliance checks.”  The Agency describes Compliance Checks as

a type of compliance evaluation in which OFCCP seeks to determine whether the contractor has maintained certain records.

The website provides links to Frequently Asked Questions and a copy of the current letter contractors will receive when they are scheduled for a compliance check.  As we have previously reported, OFCCP has published for Notice and Comment proposed revisions to the Compliance Check scheduling letter.

In its FAQs, OFCCP clarifies the information it will review as part contractors of a Compliance Check.

  • prior year AAP results,
  • job advertisements (including state employment service listings), and
  • examples of accommodations for individuals with disabilities.

Importantly, as previously discussed, the FAQs note that during a compliance check,

OFCCP will also check the General Services Administration System for Award Management database to determine if a contractor has self‐certified that it has AAPs.

With respect to the “prior year AAP results” OFCCP is specifically looking for the following:

  • For Executive Order 11246, OFCCP will review the contractor’s report on goals for women and minorities, as well as the good faith efforts it undertook to remove barriers and expand employment opportunities for those groups.
  • Under the Section 503 and VEVRAA regulations, contractors must assess the effectiveness of their external outreach and recruitment efforts. See 41 CFR 60‐300.44(f)(3), 60‐741.44(f)(3). OFCCP will review the documentation of these assessments during a compliance check.

Our understanding is the scheduling of these Compliance Checks and other establishment reviews, is imminent as the 45 day grace period from the release of the CSAL list has come to an end and we’ve had reports of contractors receiving reach outs from the Agency confirmation contact information. These reach outs are a typical pre-cursor to the sending of a scheduling letter.