On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) published its Corporate Scheduling Announcement List (CSAL) identifying 400 construction federal contractors and federally assisted contractors and subcontractors for fiscal year 2021 (FY 2021), which runs from October 1, 2021, through September 30, 2022. OFCCP is not required to publish the CSAL, which differs from the Office of Management and Budget’s (OMB) scheduling letter “sent to an establishment to start the compliance evaluation process.” OFCCP states in the answers to its CSAL frequently asked questions (FAQs) that the CSAL “is a courtesy notification” to contractors selected for a compliance evaluation or compliance check. OFCCP also states in the FAQs that the CSAL “is not all-inclusive,” and contractors not included on the CSAL may still be selected for a compliance evaluation.
Which contractors are included in the September 1, 2021, FY 2021, Construction CSAL?
As with previous CSAL announcements, OFCCP published the methodology for developing the FY 2021 Construction CSAL, which also includes federally assisted contractors and subcontractors. The FY 2021 Construction CSAL is based on data between January 1, 2020, and January 31, 2021, and omits contracts expiring before December 31, 2021, as well as contractors that were included on the FY 2020 Construction CSAL. Contractors on the FY 2020 Construction CSAL may still be subject to audit, as OFCCP does not purge scheduling lists, and each district office must exhaust its FY 2020 compliance evaluations before starting on the FY 2021 compliance evaluations.
As with the FY 2020 list, the FY 2021 list includes contractors with the highest aggregated contract values for all contract work performed in a given district office’s jurisdiction. The FY 2021 methodology does not indicate that OFCCP considered for inclusion contractors the agency considers likely to violate OFCCP’s laws, such as contractors previously found non-compliant with Occupational Safety and Health Administration and Wage and Hour Division laws and regulations.
What can contractors on the FY 2021 Construction CSAL do?
Contractors on the Construction CSAL will have “at least 45-days advance notice to prepare for the compliance review,” during which time OFCCP “[e]ncourage[s] contractors” to utilize the agency’s compliance assistance resources. Contractors on the FY 2021 Construction CSAL may want to ensure that they are compliant with all applicable affirmative action regulations and laws. OFCCP stated in the FAQs that construction contractors that believe they have been improperly selected for inclusion on the FY 2021 Construction CSAL may email corrections and supporting documentation to OFCCP’s scheduling mailbox.
Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group will continue to monitor developments regarding the FY 2021 Construction CSAL and will post updates on the firm’s Affirmative Action / OFCCP blog, with any additional news. Important information for contractors is also available via the firm’s webinar and podcast programs.