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Beginning in January 2011, OFCCP implemented its new audit strategy that moved the philosophy of compliance evaluations from management to enforcement. Director Shiu discontinued the previous compliance evaluation strategy of Active Case Management (ACM) and rang in the new year with a new directive, Active Case Enforcement (ACE). The switch to ACE is part of the OFCCP’s plan to continually increase efforts to enforce compliance with the laws and regulations it oversees.

While the change brings an increase to the scope of compliance evaluations, the selection procedure remains unchanged. The OFCCP will continue to use the Federal Contractor Selection System (FCCS) to select establishments for compliance evaluation.

Below are highlights from the OFCCP website’s FAQs on FCCS.

How does OFCCP select contractors’ establishment for a compliance evaluation?

OFCCP’s Federal Contractor Selection System (FCSS) is an administratively neutral selection system that uses multiple information sources and analytical procedures to identify Federal contractor establishments for evaluation.

  • The process may include: use of EEO-1 reports; development of threshold requirements; and a mathematical model, based on external research, which ranks Federal contractor establishments based on an indicator of potential workplace discrimination.
  • Evaluations are also scheduled on factors such as: contract award notices, directed reviews; conciliation agreement monitoring; individual or class complaints; or as part of the agency’s Corporate Management Compliance Evaluation (CMCE) or Functional Affirmative Action Plan (FAAP) initiatives.

How does OFCCP plan to schedule the evaluations among the selected establishments?

Once identified by the FCSS, establishments selected appear on a computer-generated list developed and maintained by the OFCCP National Office with contract establishments that each Regional/District Office is to schedule during the current scheduling cycle.

  • The Regional/District Office accesses the OFCCP National Office computer system and establishment names are released one at a time in the order determined by the National Office.
  • To ensure consistent and fair application of OFCCP’s neutral selection process, an office only has sequential access to the list and cannot schedule an establishment until taking action on prior candidates (scheduling evaluation or noting reason for rejection).

What scheduling cycle does OFCCP use for the FCSS?

For the past several years, OFCCP’s scheduling cycle has been based on its Fiscal Year (October 1 through September 30).

Each FCSS Scheduling cycle generally includes two scheduling list releases:

  • Beginning of OFCCP Fiscal Year; and
  • Late second quarter/early third quarter of the Fiscal Year (depending on regional office workload).

Is there a limit on the number of establishment compliance evaluations that can be scheduled per contractor?

No. Beginning in Fiscal Year 2010, there is no limit on the number of FCSS compliance evaluations that OFCCP may schedule or conduct per contractor during a fiscal year.

What happened to OFCCP’s 25 establishment cap on FCSS compliance evaluations?

The 25 establishment cap on FCSS compliance evaluation was eliminated as of Fiscal Year 2010.

Can a contractor establishment that is not on the FCSS list be scheduled for a compliance evaluation?

Yes. The list of establishments provided with Corporate Scheduling announcement Letter (CSAL) is not all-inclusive for various reasons including:

  • Company establishments that are not clearly associated with the parent organization through EEO-1 Reports, such as those acquired through recent mergers;
  • Company headquarters or any approved FAAPs;
  • Preaward compliance evaluations;
  • Compliance evaluations based upon report of an alleged violation of law or regulation enforced by OFCCP

Can a contractor establishment that was evaluated recently be scheduled for another evaluation?

A contractor establishment that has undergone a compliance evaluation during the 24 months prior to the development of the FCSS list that is still subject to reporting obligations from prior compliance evaluation should not be scheduled. If scheduled, a representative should contact the local OFCCP office issuing the scheduling letter.

OFCCP may, however, schedule a follow-up compliance evaluation if:

  • There is an indication that the establishment is not complying with reporting requirements or agreed upon actions resulting from an active Conciliation Agreement;
  • OFCCP receives individual or class complaint; or
  • OFCCP receives credible report of alleged violation of law of regulation it enforces.

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