PER NILG REQUEST – OFCCP CLARIFIES AUDIT EXPECTATIONS DURING COVID-19 PANDEMIC
The NILG continues to communicate with OFCCP leadership regarding the COVID-19 pandemic and how the Agency can continue operations but still provide reasonable extensions and adjustments to contractors because of this unprecedented emergency. From our discussions, the NILG understands that to continue operations to the extent feasible given the current emergency and to address contractor concerns, the OFCCP will institute the following protocols:
Grant an automatic 30-day extension for submission of AAPs after receipt of Scheduling Letter
Grant an automatic additional 30-day extension to contractors who submit their written AAP narrative within 60 days of receipt of scheduling letter (i.e. provide another 30 days for submission of all data reports and analyses)
Grant an automatic extension of 14 days, and more commonly of 30 days, for contractor response to information requests, with opportunity for further extensions as needed
Conduct 503 focused review onsites via video or phone conference only until contractors begin resuming normal operations
The NILG understands the OFCCP will grant further extensions to contractors whose ability to respond remains affected by the COVID-19 emergency, and such requests will be liberally granted. The OFCCP and the NILG recommend that contractors who believe the OFCCP is not taking the pandemic emergency into sufficient account, either in general or in a relation to a specific audit, contact the OFCCP Ombudsperson, Marcus Stergio, Stergio.Marcus@dol.gov or 202-693-1174.
The OFCCP and the NILG recommend that contractors concerned about receiving Scheduling Letters during the emergency consider providing contact an email address for the responsible contractor employee to the applicable Regional Director, with a copy to Deputy Director Patricia Davidson at Davidson.Patricia@dol.gov. The OFCCP assures the NILG that contractors providing this information will receive the Scheduling Letters via email in addition to the mailed copy.
The NILG would like to thank Director Leen and the OFCCP for “dropping everything” to discuss these matters and for the Agency’s openness to addressing contractors’ needs.
The NILG hopes you and your families remain safe and healthy in these difficult times.
“The National Industry Liaison Group (NILG) is a unique consortium of professionals consisting of federal contractors and subcontractors in partnership with regulatory agencies, working toward achieving equal employment opportunities for all.” – Paul McGovern, NILG Chair
The NILG Team
The NILG Board supports 61 ILGs, which are comprised of small, mid-size and large federal contractors and employers across the country. No other employer association has a broader base of constituents focused on EO/AA matters.
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