In an effort to ensure compliance evaluations are completed in a timely manner, OFCCP created Directive (DIR) 2020-02: Efficiency in Compliance Evaluations. The directive lays out plans to help keep aged cases (not closed within two years) below 15% of OFCCP’s total caseload.
Shortening the length of time the agency takes to close their audits is a major focus and a “significant objective in the fiscal year (FY) 2020 OFCCP Operating Plan. This new directive sets forth a goal of closing audits within 180 days, the contractor cooperates with the timely submission of materials and the preliminary findings don’t indicate discrimination.
Among the policies and procedures put in place the directive, transparency continues to be a priority. OFCCP will put alerts in place to remind compliance officers to contact federal contractors at least once every 30 days once an audit has begun. These check-ins should provide status updates between OFCCP and the contractors.
Additionally, once a contractor provides OFCCP the information it has requested in a compliance evaluation, the contractor can ask for a review of the evaluation to discover and address why there may be delays in the process. There are two circumstances in which this is allowed:
- a compliance evaluation remains open for one year from the day the contractor received the scheduling letter, without the issuance of a PDN; or
- a compliance evaluation remains open for two years and has not been referred to the Office of the Solicitor.
While there are new plans set forth by OFCCP, this directive does not create new obligations, nor change any of the current requirements or rights for contractors. If you still need additional assistance and insight into OFCCP requirements – Executive Order 11246, VEVRAA, or Section 503 – we’re here to help.