On March 2, 2021, the Office of Federal Contract Compliance Programs (OFCCP) in the U.S. Department of Labor announced that it is amending its FY 2020 Corporate Scheduling Announcement List (CSAL) for federal supply and service contractors to forego “compliance checks” and “focused reviews” on that list that are not currently underway. Contractors that were identified for a compliance check or focused review in the FY 2020 CSAL should check the amended FY 2020 CSAL to determine whether they are listed for any other type of review. Notably, OFCCP’s announcement does not cancel its more fulsome compliance reviews, impact any reviews from prior lists (e.g., the FY 2019 CSAL) or open reviews, or make any changes to reviews that are pending for construction contractors (which are subject to a different CSAL).
During the Trump administration, OFCCP indicated a preference for conducting a larger volume of narrower reviews in lieu of a smaller number of full-scale compliance reviews. In the March 2 announcement, OFCCP states that it is amending the CSAL in order to “more thoroughly evaluate contractors through the strategic allocation of limited agency resources.” This indicates that OFCCP intends to move toward conducting fewer but broader reviews.
If you have any questions about this development or OFCCP compliance, please contact one of the authors of this post or a Hogan Lovells lawyer with whom you work.