As we noted at the beginning of the year, the Agency in late-November 2018 issued a Directive stating it would develop a dynamic and searchable publicly available source of Help Desk questions and answers to assist contractors. 

Directive 2018-08 also announced OFCCP would issue Opinion Letters to provide guidance on specific topics, either in response to Help Desk inquiries or in response to direct requests for Opinion Letters.  

Last week OFCCP quietly issued its first Opinion Letter:  OFCCP’s Jurisdiction Related to Pell Grants.  Spoiler alert:  a college’s receipt of Pell Grant funds does not constitute a “government contracts” and, thus, do not trigger AAP obligations. 

Anyone interested in following OFCCP’s Opinion Letters can find them by clicking the “Topics” tab at top of OFCCP’s website, and then navigating to the “Opinion Letters” link. 

Keep in mind, OFCCP is now seeking input from federal contractors and their attorneys. 

As the Directive states:

Please reach out through the Help Desk portal to submit suggestions for issues that you would like to see addressed in specific Opinion Letters.  You may also email or mail your suggestions to the address below.

We will continue to monitor OFCCP’s site for further letters and let you know what we learn.