In June 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a new Corporate Scheduling Announcement List (CSAL) for construction contractors. The latest CSAL identifies 250 federal contractors, federally assisted contractors and federally assisted subcontractors for compliance evaluations.
While the agency is not required to publish the CSAL, it serves as a "courtesy notification" to contractors who are selected by the OFCCP for a compliance evaluation. According to the OFCCP, the CSAL provides contractors with notice to prepare for the compliance evaluation and encourages them to take advantage of the agency's compliance assistance offerings.
In addition to publishing the CSAL, the agency also released information regarding its methodology for selecting such contractors. As per the OFCCP, the latest CSAL was developed by downloading federal construction contracts valued at more than $10,000 from the USAspending database, an official open data source of federal spending information, including information about federal awards, such as contracts, grants and loans. The US Department of Transportation also provided relevant information to the OFCCP.
The agency then retained contract records with estimated start dates prior to May 15, 2022, and end dates after May 15, 2025, and removed contractors that were currently under review, in a monitoring period pursuant to a conciliation agreement or within the exemption period following a closed review. The agency refined the resulting list by selecting those contractors with the highest aggregated contract value for all contract work performed in their assigned OFCCP district office's jurisdiction, making adjustments for staffing considerations.
Next steps
Contractors should review the CSAL to see if they have been selected for a compliance evaluation. Because contractors receiving CSALs are scheduled for audits in most cases, those appearing on the CSAL should begin to prepare for the audit as soon as possible, including by contacting counsel as appropriate. The OFCCP notes that contractors who believe they should not have been selected for evaluation should send an email to the agency's scheduling mailbox.
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