OFCCP issues new directive on compliance evaluations

The Office of Federal Contract Compliance Programs (OFCCP) issued a new directive on March 31 that substantially revises how the agency will handle compliance evaluations: DIR 2022-02, Effective Compliance Evaluations and Enforcement. The directive, which is effective immediately, marks a clear break from the current practices by rescinding four Trump administration directives that provided important guidance on transparency in compliance activities (DIR 2018-08), efficiency in compliance evaluations (DIR 2020-02), certainty in OFCCP policies and practices (DIR 2021-02), and the agency’s contractor recognition program (DIR 2018-06).

The directive provides the following:

Compliance evaluation scheduling. Once Corporate Scheduling Announcement Lists (CSALs) are issued, the OFCCP will no longer delay scheduling contractor audits for 45 days after their issuance. Audits may now be scheduled upon publication of the CSAL.

Timely desk audit submission and extensions for extraordinary circumstances. With the new Contractor Portal requirement, the OFCCP will now require contractors to submit all affirmative action plans (AAPs) and itemized listings, including support data, within 30 calendar days of receipt of the scheduling letter.