October 2012

OFCCP’s New Formulas to Identify Federal Contractors For Audit

I cannot currently prove it in a court of law, but I would bet my next paycheck that I know how OFCCP is now going about the task of selecting federal contractors for audit.

OFCCP roiled the waters last year in Fiscal Year 2012 with new and secret procedures to select contractors for audit. While the President promised a transparent federal government, Pat Shiu never promised to make OFCCP policy and practice changes transparent. And she has not. One of the current difficulties between OFCCP and the contractor community, indeed, springs from the contractor community’s perception that OFCCP now routinely makes unilateral and non-collegial-body decisions and regularly deploys new operating procedures, especially concerning audits. Contractors learn about these matters “by hook and by crook” which has made the role of OFCCP vendors knowledgeable across a wide spectrum of geographically dispersed OFCCP District Offices even more precious and more valuable. (My daily e-mail “inquiry and benchmarking” traffic from law firms and vendors is at an all-time hi