OFCCP 2023 CSAL List Update

OFCCP will take no further action on contractors who properly certified in the OFCCP portal and erroneously appeared on the CSAL list

The Corporate Scheduling Announcement List (CSAL) that was released by the Office of Federal Contracts Compliance Programs (OFCCP) included 452 establishment reviews, 24 corporate management compliance evaluations (CMCE), and 24 functional affirmative action program (FAAP) reviews. According to the OFCCP, the CSAL list includes contractors who failed to certify their affirmative action compliance through the OFCCP’s Contractor Portal, a mandatory annual requirement. The OFCCP provided the Methodology for Developing the Supply & Service Scheduling list for the FY 2023, Release 1 CSAL. According to the Methodology, the federal contractors and subcontractors on scheduling list had not completed their annual certification in the OFCCP Contractor Portal as of December 1, 2022.

According to the National Law Review (NLR), they “discovered that several establishments on the CSAL list did, in fact, certify compliance in the Contractor Portal as of December 1, 2022.” OutSolve’s consultants also reviewed our client list against the CSAL list and confirmed NLR’s findings. For those clients for which OutSolve handled the certification filing, none appeared on the CSAL list, except for three who were erroneously included. We are working closely with these three clients to provide this information to OFCCP. In response to a contact made to OFCCP on this matter, our client received the following response from the Division of Program Operations, OFCCP, “We have made the corrections in our database. The establishments will not receive the scheduling letter and no further action is needed on their part.”

The NLR also states that the agency “intends to consolidate compliance evaluations of different establishments within one OFCCP region.” OFCCP’s methodology for identifying government contractors states, “Where a parent company has two or more establishments on the scheduling list, OFCCP reassigned these compliance reviews to the same region so that both the agency and the contractor can engage in these reviews in a coordinated manner.” This also means that OFCCP will be looking for patterns existing corporate-wide that cross over locations.

OutSolve’s Take 

If an establishment is listed on the 2023 CSAL list but was certified in compliance on the Contractor portal prior to December 1, 2022 deadline, as per the Selection Methodology, then we recommend contacting OFCCP to inform them of the discrepancy to ensure no action is taken on this error. You can contact the OFCCP by sending an email to OFCCP-DPO-Scheduling@DOL.gov with the name and address of the establishment(s) requesting administrative closure of that audit.  We predict that OFCCP may publish a revised CSAL removing the contractors that were erroneously listed. We will continue to stay tuned to this matter and will inform our clients of any updates. As always, OutSolve continues to support our clients and offer them high-level service and compliance efforts to ease their workload and help them remain compliant with the regulatory requirements. OutSolve consultants will be proactively contacting customers that are on the CSAL to alert them and begin preparing for the expected audit. As an OutSolve client, please contact us as early as possible or upon receipt of a scheduling notice so that we can be of assistance. For assistance in preparing for a compliance review, please contact your consultant or OutSolve directly at 888-414-2410 or by email at info@outsolve.com. For more information about the OFCCP Contractor Portal, reach out to us to receive FAQs and read our blog titled “It’s Started: Affirmative Action Certification.” Additionally, as required by OFCCP Directive 2022-01 Revision 1, contractors must conduct a compensation analysis and provide the agency with access to and the ability to review documentation to support the analysis. Contractors should be prepared for this more extensive OFCCP analysis during a scheduled compliance evaluation.

For establishments listed on the 2023 CSAL who are not current OutSolve clients, we welcome your questions regarding audits. Please contact us at: info@outsolve.com