OFCCP Update for Government Contractors – Impending Contractor Evaluations, Upcoming Contractor Portal Deadline

On May 20, 2022, the Office of Federal Contract Compliance Programs published its latest Corporate Scheduling Announcement List (CSAL), identifying those supply and service contractors who have been selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, or Functional Affirmative Action Program Review.

The CSAL functions as a courtesy notification of a contractor’s selection for an evaluation; the contractor will receive a formal letter that will commence the actual review process. In the past, the OFCCP provided a 45-day grace period between issuance of the CSAL and transmittal of any letters; however, as discussed in our April 2022 E-Update, the OFCCP recently released a new compliance evaluation directive that, among many other things, eliminated this grace period. This means that letters may start arriving promptly.

This is also a good time to remind supply and service contractors and subcontractors of their obligation to register with the OFCCP’s new Contractor Portal by June 30, 2022. As discussed in our December 2021 E-Update, those contractors and subcontractors must use this new portal: (1) to annually certify whether they have developed and maintained an affirmative action program for each establishment and/or functional unit; and (2) to submit their AAPs during compliance evaluations by the OFCCP. The OFCCP has provided resources to assist covered contractors and subcontractors in complying with this new requirement, including FAQs, a webinar, how-to videos, and a user guide.