BOLO for OFCCP CSAL Letters
The Office of Federal Contract Compliance Programs (OFCCP) issued 1,000 Courtesy Scheduling Announcement Letters (CSALs) on January 31 – February 1, 2018. These are “heads up” letters, notifying government contractors that at least one of their establishments or facilities will be subject to an actual OFCCP compliance review later this year. The list is generated from OFCCP’s Federal Contractor Selection System (FCSS) using a neutral scheduling process.
What‘s the Difference Between a CSAL and a Scheduling Letter?
The CSAL is not required by law. It is a courtesy notification to a company that it will undergo a compliance evaluation during the next scheduling cycle. It also encourages contractors to focus on self–audit efforts that saves OFCCP time/resources in an evaluation; and help contractors manage/budget the amount of time required for evaluation.
The Scheduling Letter is what starts the actual the evaluation process. The letter tells a contractor that it has been scheduled for a compliance review. It also requests submission of the contractor’s Affirmative Action Program(s) and supporting data.
What Happens Once a Scheduling Letter is Received?
Contractors must submit their Affirmative Action Program (AAP) 30 days after receiving the scheduling letter. The actual scheduling letters will start going out on or after March 19, 2018. Those letters start the 30-day clock ticking before the desk audit submission response is due.
These letters are usually addressed to the Chief Executive Officer or President. This data collection is approved by OMB under the Paperwork Reduction Act.
• No more than 10 establishments of a single contractor are placed on the scheduling list.
• No more than four establishments of a single contractor are placed in a single district office.
• No establishment with review closed in the last five years is placed on the scheduling list.
Tips for Getting Ready
Preparing for the inevitable scheduling letter is key for a successful evaluation.
• Notify the mail room to be on the lookout for a certified letter from the U.S. Department of Labor after March 19. However, the actual scheduling letters typically arrive in waves, so it could take several months to make it through the list it used to generate the heads-up letters.
• Make sure your affirmative action plans are up to date.
• If you are more than six months into your current AAP cycle, pull and reconcile all your “update data.”
• Start preparing a written assessment of the effectiveness of each veteran and disability outreach initiative. Collect your outreach initiatives and prepare your effectiveness assessment.
• Consider internally auditing your initiatives from last year’s AAP or the initiatives established at the start of the prior plan year.
• Ensure you have evaluated compensation from a gender or race equity lens, preferably under attorney client privilege.
• Reconcile your hires and applicant data and be proactive if there is adverse impact.
• Consider holding a refresher training on what it means to undergo a compliance review.
Questions about the compliance evaluation process should be directed to your district or regional OFCCP office. Contact information is available at https://www.dol.gov/ofccp/contacts/regkeyp.htm.