The Office of Federal Contract Compliance Programs (OFCCP) recently issued a directive that will eliminate delays in scheduling audits as well as the automatic 30-day extension to submit items requested in audit scheduling letters. The OFCCP also announced that federal contractors must provide the personal contact information of employees, including their Social Security numbers, and said the agency may contact the workers directly.
"Not only did Directive 2022-02 do away with the 45-day grace period between appearing on the corporate scheduling list (CSAL)—the list notifying contractors they have been selected for an audit—and the commencement of the audit, it also does away with the automatic 30-day extension contractors had to submit items other than affirmative action programs (AAPs) requested in the audit scheduling letter," said Guy Brenner, an attorney with Proskauer in Washington, D.C.
"So, before March 31, 2022, a contractor could rest assured that it had a minimum of 75 days between notification of audit selection and having to submit its AAPs to the agency, and at least 105 days to submit the remaining voluminous materials sought during audits," Brenner said. "Now, it may have a total of 30 days between notification and submission of all materials, with a very high burden for obtaining additional time."
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