November 29, 2020

Volume X, Number 334

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OFCCP Publishes the 2020 Corporate Scheduling Announcement List for Upcoming Federal Contractor Audits

Applicable federal contractors should immediately review the 2020 Corporate Scheduling Announcement List (CSAL), released by the Office of Federal Contract Compliance Programs (OFCCP), to see if they have been selected for a future audit.

The CSAL notifies 2,250 Supply and Service establishments and, for the first time, 200 Construction contractors of upcoming audits. Historically, establishments selected for an audit received the CSAL notice by mail, but as previously reported, the OFCCP began in 2019 to exclusively post the CSAL online. The OFCCP developed the 2020 CSAL by identifying active contracts from a publicly-available information system. Notably, canceled contracts and contracts valued at less than $50,000 were not selected. Additional categories of reviews have also been adopted this cycle, including Accommodation Focused Reviews and Promotion Focused Reviews.

The CSAL provides courtesy notice to selected Supply and Service establishments and Construction contractors that they will undergo one of the various audits. Specifically, the CSAL for Supply and Service establishments is comprised of 500 Promotion Focused Reviews, 500 Accommodation Focused Reviews, 500 Compliance Checks and 250 Section 503 Focused Reviews. According to the OFCCP’s CSAL FAQ, “[i]nformation about Accommodation Focused Reviews and Promotion Focused Reviews will be available before those reviews are scheduled.” All federal Construction contractors have been notified that they will undergo a Compliance Check. The remaining 500 reviews include establishment-based compliance reviews, such as Corporate Management Compliance Evaluations (CMCE), Functional Affirmative Action Program (FAAP) Reviews and university compliance reviews. Notably, for purposes of university reviews, if a university has multiple campuses in different cities, each campus is treated as a separate establishment of the university.

Federal contractors should not miss this window of opportunity to begin preparing for the audit, as the OFCCP publishes the CSAL a minimum of 45 days before it begins to issue the Office of Management and Budget (OMB)-approved Scheduling Letter, which commences the compliance evaluation process. Upon receipt of the Scheduling Letter, contractors then have only 30 days to submit their Affirmative Action Programs (AAPs) and contractor records to the OFCCP (although 30-day pandemic-related extensions have been recently granted). Contractors identified on the CSAL should start reviewing their compliance efforts to minimize the likelihood of OFCCP noncompliance findings.

© 2020 Faegre Drinker Biddle & Reath LLP. All Rights Reserved.National Law Review, Volume X, Number 258
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Jessica Abrahams Government Contracts Lawyer
Partner

Jessica C. Abrahams, chair of the firm’s Government Contracts Team, offers U.S. and international clients comprehensive counsel on issues concerning litigation, compliance, and transactions. Her clients span a variety of industries, from biodefense and health care to information technology, defense products and services, supply chain and infrastructure development. She regularly advises global government contractors, Indian nations, nonprofit organizations and small business owners on contracting best practices and risk mitigation techniques.

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Lindsey M. Hogan Labor & Employment Attorney Faegre Drinker Biddle & Reath Chicago, IL
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Lindsey Hogan provides sophisticated counsel to employers and businesses during complex employment disputes, commercial litigation and investigations. Lindsey manages case execution from start to finish with an uncompromising focus on the client’s goals and best interests. She represents employers in jurisdictions throughout the country.

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Lindsey serves as litigation counsel for employers facing class and collective actions stemming from wage and hour disputes under the Fair Labor Standards Act, the Illinois Minimum Wage Law, the Illinois Wage Payment...

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Stacie L. Linguist Commercial Litigation & Government Contracts Faegre Drinker Biddle & Reath Minneapolis, MN
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Stacie Linguist represents clients in commercial litigation and government contracts matters. Stacie helps clients resolve business disputes, obtain government contracts and respond to government investigations. She has worked with clients in a number of industries, including financial services, insurance, health care, defense and technology.

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Stacie litigates bid protests before the Government Accountability Office, the U.S. Court of Federal Claims, and state agencies and departments, conducts internal investigations, and responds to Inspector...

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Dana B. Pashkoff, Washington DC, Partner, information technology, telecommunications, homeland security, aerospace/defense industries, government contractors, risk management counseling
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Dana B. Pashkoff provides legal counsel to government contractors in the information technology, telecommunications, homeland security, and aerospace/defense industries. Dana has litigated numerous contract claims and bid protests before federal district courts, the U.S. Court of Federal Claims and the Government Accountability Office. She also provides compliance counseling to government contractors.

Dana has significant experience in risk management counseling, specifically in the area of sales of products and services to the...

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Kristin Jones Pierre Labor & Employment Faegre Drinker Biddle & Reath Minneapolis, MN
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Kristin Jones Pierre advises management nationwide on complex workplace matters, including identifying long-term strategies and best practices to reduce employment-related legal risks while meeting business needs. She represents employers of all sizes, including public and private companies, emerging businesses, and nonprofit organizations.

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