OFCCP Releases Second FY 2008 Scheduling List
Source: Office of Federal Contract Compliance Programs (OFCCP)
A second list of supply and service contractor establishments will be available to OFCCP regional offices beginning on March 10, 2008 for scheduling of compliance evaluations during this scheduling cycle (currently, October 1, 2007 through September 30, 2008). The first release for FY 2008 was made available to the regional offices for scheduling on October 1, 2007.
This release includes approximately 5000 facilities that have either self-identified as being an establishment of a Federal contractor, or have been identified as such by OFCCP. OFCCP generated this list through its Federal Contractor Selection System (FCSS) using multiple information sources and analytical procedures to select contractors for evaluation, including a mathematical model that ranks Federal contractor establishments based on an indicator of potential workplace discrimination. The list also includes a number of establishments identified through external Federal contract databases as part of OFCCP's Contracts First Initiative.
The list excludes establishments based on a variety of factors, including, for example, establishments that are currently undergoing a compliance evaluation, were evaluated within the last 24 months, or have received the Secretary of Labor's Opportunity Award or an Exemplary Voluntary Efforts Award within the last three years. Additionally, Federal contractor establishments covered by Functional Affirmative Action Program (FAAP) agreements with OFCCP and those subject to a Corporate Management Compliance Evaluation (CMCE) are selected for evaluation through a separate process.
OFCCP has mailed a Corporate Scheduling Announcement Letter (CSAL) to the Chief Executive Officer (or designated point of contact) of each parent company with more than one establishment listed for the scheduling of a compliance evaluation this FCSS scheduling cycle. Because this is the second release of this scheduling cycle, the list of establishments included with the CSAL will include establishments identified by FCSS in either the first or second scheduling release. As in the past, depending on the workload of individual OFCCP offices, all establishments identified in the attachment to the CSAL may not be scheduled for an evaluation.
For a variety of reasons, it is possible that company establishments other than those identified in the CSAL have been selected for a compliance evaluation during this scheduling cycle. For example, company establishments that are not clearly associated with a parent organization through currently-available EEO-1 Reports, such as those that have been acquired through recent mergers, are not included on the CSAL. In addition, the CSAL does not identify whether an establishment of a company has been selected for evaluation because of a contract award notice, a directed review, as a result of conciliation agreement monitoring or an individual complaint, or as part of the CMCE or FAAP initiatives. For contractors with multiple establishments, FCSS limits the number of new compliance evaluations identified to 25 new evaluations during a scheduling cycle. The 25-establishment limit does not apply to compliance evaluations scheduled as a result of the agency’s CMCE or FAAP initiatives, contract award notices, directed reviews, conciliation agreement monitoring, or credible reports of an alleged violation of a law or regulation, including complaints.
To learn more about how to protect your company against potential liability, or to speak with an expert about your compliance needs, please contact Berkshire Associates Inc. at 800.882.8904 or email bai@berkshireassociates.com.