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New OFCCP FAQ – Requesting Extensions to Submit AAP(s) and Supporting Data


Applies to compliance reviews scheduled after September 7, 2018

FAQ: What is OFCCP’s policy for approving a request for extension to submit the AAPs and support data in response to the Scheduling Letter and Itemized Listing?


Full text below:

Upon release of a scheduling list, it is OFCCP’s practice to issue a courtesy Corporate Scheduling Announcement Letter (CSAL). The CSAL is an advanced courtesy notification to a company establishment that appears on OFCCP’s list of establishments selected to undergo a compliance review. The CSAL also serves as an invitation to contractors to utilize the various compliance assistance resources and activities provided by OFCCP through its website, and through the district and regional offices.

The CSAL is different from the Scheduling Letter and Itemized Listing, which is the OMB–approved letter OFCCP, sends to an establishment to start the evaluation process and to formally request submission of the contractor’s EO 11246, Section 503 and VEVRAA Affirmative Action Program(s) and the supporting data.

Upon receipt of the OFCCP formal Scheduling Letter and Itemized Listing, a contractor is required to submit its EO 11246, Section 503 and VEVRAA AAPs and supporting data within 30 days. To facilitate a timely submission, OFCCP will contact the contractor within 15 days of the contractor’s receipt of the Scheduling Letter and Itemized Listing to establish the compliance officer as the primary point of contact for the evaluation, offer technical assistance on OFCCP requirements, and explain allowable extensions for the AAPs and supporting data.

OFCCP will provide a 30–day extension for supporting data related to the EO 11246, VEVRAA and Section 503 AAPs, provided that: 1) the contractor requests the extension prior to the initial 30–day due date for the AAPs and 2) the contractor timely submits the basic EO 11246, Section 503 and VEVRAA AAPs within the initial 30–day period after receiving the Scheduling Letter and Itemized Listing. See Directive 2018–07, Section 7 (stating that the AAP Verification Program includes "[r]equesting proffer of the AAP by contractors when requesting extensions of time to provide support data in response to a scheduling letter.")

OFCCP generally will not allow extensions for submission of the basic EO 11246, Section 503 and VEVRAA AAPs, which contractors are required to maintain and update annually, nor allow extensions of supporting data if requested after the submission date for the AAPs has passed. OFCCP, however, reserves discretion to grant such extensions in extraordinary circumstances.

Failure to submit AAPs and/or supporting data timely, with approved extensions, will result in an immediate Notice to Show Cause why OFCCP should not initiate enforcement proceedings. During this period, the contractor will have an additional 30-days to provide the AAPs and supporting data in response the Notice to Show Cause. A procedural Notice to Show Cause for failure to submit AAPs and/or supporting data does not require OFCCP National Office approval.

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