Berkshire's Audit Support

Federal contractors who meet certain requirements must prepare affirmative action plans (AAPs) each year. Under a new system announced in 2022, covered contractors must certify that they have prepared an affirmative action program on an annual basis. However, new contractors are often surprised to learn that they do not need to submit their AAPs to the government unless they are selected for a compliance review.  

Every year, OFCCP issues one or two audit scheduling lists, often called “Corporate Scheduling Announcement Lists” (CSAL). These lists identify the contractors selected for a compliance review, or audit, by OFCCP through a neutral, but not random, process. OFCCP publishes its scheduling methodology for each audit list on its website. 

Typically, the agency issues separate lists for Supply and Service contractors and Construction contractors. All scheduling lists are publicly available on the DOL website. Appearing on the CSAL means an official audit letter, referred to as the Scheduling Letter and Itemized Listing, will be coming.  The Scheduling Letter requires contractors to provide specific items to OFCCP for review, including the contractor’s current AAPs and data about personnel activity and employee compensation, among other items. A contractor has 30 calendar days to submit a response to OFCCP once it receives the official Scheduling Letter.  

An OFCCP Compliance Review may include the following phases: 

• Desk audit; 
• On-site review; and 
• Off-site analysis. 

Berkshire’s consultants have significant experience preparing and defending affirmative action plans. We prepare about 100 to 200 audit submissions each year on behalf of our clients from the public and private sectors. We have helped clients prepare audit submissions in every OFCCP region and our track record speaks for itself.  In 2021 — a year in which OFCCP was engaging in longer and more detailed reviews — we helped clients close 108 audits, and supported 113 new audits. 

We also maintain a database of questions asked during OFCCP compliance reviews, which helps us spot trends and get ahead of what the agency will be asking in future audits. We understand OFCCP’s current enforcement priorities and help our clients prepare audit submissions that anticipate and address those priority areas.  

Our audit team is guided by Lynn Clements, our Director of Audit & HR Services, who spent more than 8 years working in several high-level policymaking roles at the EEOC and OFCCP. Her background gives her a unique perspective on your compliance efforts, and how the OFCCP will evaluate your AAPs. Berkshire’s entire team is deeply familiar with OFCCP requirements and works closely with our clients to successfully navigate even the most challenging audits, while maintaining good working relationships with OFCCP leaders and compliance officers.