Directives provide clarity on how OFCCP will conduct compliance evaluations and investigations and how they will communicate information and guidance
On November 30, 2018, OFCCP released three policy directives to assist federal contractors with “certainty on how OFCCP conducts compliance evaluations and investigation, in general and in particular fact-based scenarios.”
Directive 2019-01 – Evaluation Review Procedures – the directive rescinds the Active Case Enforcement (ACE) procedures and communicates that moving forward, compliance evaluations will be conducted in accordance with the Federal Contract Compliance Manual (FCCM), along with agency guidance.
Directive 2019-02 – Early Resolution Procedures – the directive formalizes the Early Resolution Procedures (ERP). Through ERP, OFCCP and contractors may agree to reduce the length of compliance evaluations by resolving problems, including systemic issues, quickly. OFCCP says that this approach limits potential contractor liability and effects corporate-wide actions.
Directive 2019-03 – Opinion Letters and Help Desk – the directive indicates that OFCCP will begin using Opinion Letters and will make certain Help Desk inquiries and responses searchable on the OFCCP’s website.