More than three years after the Office of Federal Contract Compliance Programs (“OFCCP”) sought approval for a new Scheduling Letter and Itemized Listing, OFCCP published a notice in the Federal Register on September 30, 2014 revealing that it had received Office of Management and Budget (“OMB”) approval. Yesterday, OFCCP announced that it would not schedule any supply and service compliance evaluations from October 1, 2014 to October 15, 2014 to allow contractors to “become acquainted with the new letter and itemized listing”, but it plans to start using the new Scheduling Letter and Itemized Listing for all audits scheduled after October 15, 2014.
Tag Archives: Schedulng Letter
Contractors usually have thirty days from the day they receive a scheduling letter and itemized listing from OFCCP to submit their affirmative action plan and other requested documents and data. In the past, many regions have afforded contractors short extensions on that deadline.
However, certain OFCCP Regions have prohibited compliance officers from granting extensions. For example, the Southeast and Mid-Atlantic Regions have been directed not to grant extensions beyond the 30-day deadline for responding to scheduling letters. In the Mid-Atlantic Region, all requests for extensions must be approved by the District Director for the District to which the compliance officer is assigned. On the other hand, other regions have continued their practice of granting extensions.
Given these new policies, contractors should undertake periodic “pre-audits” to confirm that all of the information and data they need to respond to a scheduling letter is prepared and can be submitted within the 30-day deadline.
Administrative Judge Finds Contractor Could Not Argue OFCCP Lacked Jurisdiction Over Data It Voluntarily Delivered to OFCCP
On September 19, 2011, Administrative Law Judge (“ALJ”) Stephen Purcell held in OFCCP v. Nash Finch Co., ALJ Case No. 2011-OFC-00004, that OFCCP could undertake enforcement actions based on data the contractor voluntarily delivered to OFCCP that was initially outside of OFCCP’s jurisdiction Continue reading