OFCCP Asks OMB To Expand Construction Scheduling Letter and Itemized Listing

July 1, 2024

What's New

The Labor Department’s Office of Federal Contract Compliance Programs has submitted a formal request to the White House Office of Management and Budget (OMB) to use a more detailed scheduling letter and itemized listing to notify federal construction contractors of a compliance audit. OFCCP unveiled its proposal for a new scheduling letter back in March. CWC filed written comments urging the agency to reconsider its proposal to require construction contractors to produce a full array of sensitive and confidential employment information in the initial desk audit submission.

What It Means

The OFCCP acknowledged CWC’s comments but did not adopt them. Instead, the new version of the proposal that OFCCP submitted to OMB is virtually identical to the proposal that it released in March. Indeed, the proposed scheduling letter seems consistent with the agency’s greater scrutiny of construction contractors in the wake of the massive infrastructure bill that Congress approved in 2021.

What You Should Do

CWC will file comments with OMB on OFCCP’s new proposed construction scheduling letter by the July 17 deadline. CWC members are encouraged to provide input to [email protected] as soon as possible.

Meanwhile, construction contractors should examine the effect of their applicant referral sources on the efficacy of their affirmative action plan (AAP).

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