FCCM Update Alert

Updates to Chapter 1- Desk Audit of the Federal Contract Compliance Manual (FCCM):

OFCCP’s Federal Contract Compliance Manual Chapter 1- Desk Audit. The chapter provides guidance for OFCCP’s Investigators in conducting the desk audit in compliance evaluations and triaging the evaluation to closure or on-site. 

• All sections- Incorporated footnotes into text; changed gendered language into gender-neutral language (ex. – his/ her supervisor to their supervisor); changed italicized words to bold words to meet Section 508/ accessibility standards; removed references to the SCER; removed references to the “Case Chronology Log” and replaced them with “Case Chronology”; 
• 1A00 Types of Compliance Evaluations- Removed references to Section 503 focused reviews.
• 1A04 Use of the Standard Compliance Evaluation Report- Removed references to the SCER.
• 1A05 Case Management System- Updated information regarding CMS, specifically the name, definition of the Compliance Management System, and removed OFIS instructions.
• 1A06 Confidentiality of Information- Updated information regarding FOIA to reflect the reauthorized Scheduling Letter. 
• 1A11 Educational Institution Evaluations- Updated Investigative procedures describing the required desk audit analyses and referring Investigators to the Educational Institutions Technical Assistance Guide. 
• 1B Pre-Desk Audit Actions- Removed the reference to case files, case logs, and added examples of information Investigators may discover from other enforcement agencies.
• 1B01 Preparation and Maintenance of the Case Chronology Log- Removed text “Case Chronology Log” and replaced it with “Case Correspondence.” 
• 1B02 Maintenance of the Case File- Updated case file to Compliance Management System (CMS) and updated the list of documents that should be included in CMS. 
• 1B03 Sending the Supply and Service Scheduling Letter and Itemized Listing- Updated text to specifically refer to Supply and Service in this sub-section and updated the Figure number to F-2 for the Scheduling Letter and Itemized Listing.
• 1B04 Follow-up Contact with Contractor and Jurisdiction Challenges- Removed the one time 30-day extension for Itemized Listing data and clarified jurisdiction research by DPO. 
• 1B05 Contacting EEOC, VETS, and Other Agencies- Updated to reflect new process for Investigators to request information from VETS by email. 
• 1C Receipt of AAPs and Itemized Listing Data for Desk Audit- Added that Investigators should begin review of a contractor’s submission within 5 days of receipt and new guidance on using Kiteworks. 
• 1C01 Nonreceipt of Itemized Listing Data- Added guidance to address partial submissions in response to the Scheduling Letter and Itemized Listing. 
• 1C03 Evaluation Period- Updated text regarding the time periods used for evaluating different items in the Scheduling Letter and Itemized Listing. 
• 1D Review of AAPs: Overview- Updated that Investigators must document inclusion and acceptability in CMS and clarified that Investigators should analyze Itemized Listing data upon receipt. 
• 1E02(a) Missing AAP Elements- Removed the requirement to suspend the desk audit when an E.O. 11246 AAP is not acceptable.
• 1E02(b) Missing AAP Elements- Added reference to the first six months of current year data on reasonable accommodations and removed the requirement to suspend the desk audit when a Section 503 AAP is not acceptable. 
• 1E02(c) Missing AAP Elements- Removed the requirement to suspend the desk audit when an VEVRAA AAP is not acceptable. 
• 1E03 Missing AAP Elements- Added the requirement for two years of compensation data to reflect the reauthorized S&S Scheduling Letter.
• 1E03 Missing AAP Elements- Removed the requirement to suspend the desk audit when an Itemized Listing submission is incomplete. 
• 1F02(b) Executive Order Utilization Analysis- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements. 
• 1F04(c) Additional Required Elements of an Executive Order AAP- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements. 
• 1F05(a) Review of Executive Order Itemized Listing Data for Acceptability (Data on Affirmative Action Goals- information on Job Groups with Goals)- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to goal analysis. 
• 1F05(b) Review of Executive Order Itemized Listing Data for Acceptability (Review of Employment Activity Data for Acceptability)- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to job group and applicant data. 
• 1F05(c) Review of Executive Order Itemized Listing Data for Acceptability- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to compensation analysis. 
• 1F05(d) Review of Executive Order Itemized Listing Data for Acceptability- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to recruitment, screening and hiring policies. 
• 1G02 Contractor Review of Personnel Processes- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to personnel process assessment.
• 1G04 Reasonable Accommodation to Physical and Mental Limitations- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements. 
• 1G07 Outreach and Positive Recruitment- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements. 
• 1G13 Utilization Goal Analysis for Individuals with Disabilities- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to descriptions/ documentation of efforts. 
• 1H02 Contractor Review of Personnel Processes- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to personnel process assessment. 
• 1H07 Outreach and Positive Recruitment- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements. 
• 1H13 VEVRAA Hiring Benchmark- Clarified data submissions when the contractor is six months or more into their current AAP year and clarified how a contractor may use its hiring benchmark analysis.
• 1H14 Other VEVRAA Requirements- Added details about Mandatory Job Listings and the VETS-4212 report. 
• 1I Summary of Acceptability Problems with AAPs and Itemized Listing Data- Added guidance to address unacceptable submissions in response to the Scheduling Letter and Itemized Listing. 
• 1K01 Workforce Structure and Personnel Practices- Updated text regarding acceptability of a contractor’s submission to reflect the reauthorized Scheduling Letter requirements, specific to written policies. 
• 1Q Summary of Potential Discrimination Areas and On-site Investigative Plan (All Laws)- Added new guidance for on-site investigative plans. 
• 1R Conclusion of the Desk Audit- Updated guidance, including the desk audit timeframe from 45 to 40 days, and deleted the reference to the one time 30-day extension. 
• 1R01 Reasons to Proceed with On-Site Review- Updated text regarding expedited conciliation procedures. 
• 1R02 Completing Appropriate SCER Pages- Removed this subsection.
• LETTER L-4: Email Template for Requesting Information from Veterans’ Employment and Training Service- Updated template text and procedure to contact VETS. 
• Figure F-2: Case Chronology Log (CC-53)- Removed
• Figure F-3: Scheduling Letter and Itemized Listing- Moved from F-3 to F-2 
• NEW Figure F-3: Construction Scheduling Letter and Itemized Listing
• Figure F-4: Scheduling Letter and Itemized Listing for Section 503 Focused Review - Removed.
• Figure F-5: Form for Complaint Involving Employment Discrimination by Federal Government Contractors or Subcontractors- Moved to Figure F-4.
• Figure F-6: Standard Text For Conciliation Agreement- Removed.
• Appendix A-1: U.S. Department of Labor Office of Federal Contract Compliance Programs Supply and Service Standard Compliance Evaluation Report (SCER) removed; now is “RESERVED.”
• Appendix A-2: Standard Compliance Evaluation Report (SCER) Instructions removed; now is “RESERVED.”
• Appendix A-3: Index for a Supply and Service Review removed; now is “RESERVED.”
• Appendix A-4: Sample On-Site Review Plan removed; now is “RESERVED.”
• Appendix A-5: Index for Construction Review removed; now is “RESERVED.”
• Appendix A-6: Standard Compliance Evaluation Report (Construction) removed; now is “RESERVED.”