On June 5, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a Corporate Scheduling Announcement List (CSAL) identifying 250 federal and federally assisted construction contractors and subcontractors. OFCCP’s CSAL is a “courtesy notification” to contractors, with a compliance review beginning only upon the establishment location’s receipt of a scheduling letter. With this new CSAL, OFCCP also published its methodology for how it developed the list of contractors selected, as well as updated its Construction Compliance Frequently Asked Questions page.

Quick Hits

• On June 5, 2023, OFCCP published a CSAL focusing on construction contractors.

• OFCCP also published the methodology it used in preparing the latest list.

Pursuant to OFCCP’s methodology, the agency developed its list of 250 construction contractors and subcontractors by:

• identifying federal construction contracts from the USASpending database that were valued over $10,000, as well as federally assisted construction contracts provided by the U.S. Department of Transportation that were valued over $10,000, and having estimated start dates prior to May 15, 2022, and end dates after May 15, 2025;

• removing contractors that are currently under review, in a monitoring period pursuant to a conciliation agreement, and/or within the exemption period following a closed compliance review; and

• refining the overall list based on “contractors with the highest aggregated contract value for all contract work performed” within the jurisdiction of a particular OFCCP district office. OFCCP staffing availability within a regional and district office was also taken into consideration for the number of contractors selected.

OFCCP’s CSAL announcement also provides an email address—ofccp-dpo-scheduling@dol.gov—for contractors to contact OFCCP if they believe they should not be selected for an evaluation.

This is the third construction-specific CSAL that OFCCP has published since fiscal year (FY) 2020, and the second list published since March 2023 in which OFCCP has focused on construction entities (OFCCP’s FY 2023 Mega Construction Designees was published March 21, 2023). The new CSAL does not eliminate prior CSALs—meaning that contractors that have not yet been scheduled from prior CSALs may still want to be prepared for a review.

OFCCP encourages construction contractors and subcontractors to take advantage of the compliance assistance resources that the agency has published, including updated Construction Compliance Frequently Asked Questions, Compliance Assistance Guides, webinars, best practices, and a variety of other compliance assistance offerings on their website.

Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group will continue to monitor developments and will post updates on the Affirmative Action / OFCCP and Government Contractors blogs as additional information becomes available.