Deciding which AAP to submit to OFCCP in a desk audit

Federal contractors often struggle to understand exactly what data needs to be submitted during an OFCCP desk audit. One of the more difficult questions asked by contractors' staff is "Which AAP do I submit if I am close to my annual AAP renewal date?" OFCCP posted an answer to this question on their website under the Policy section of their Frequently Asked Questions (FAQs). While it leaves the final decision up to the contractor, the answer is useful in determining which plan and supporting data will be needed.

http://www.dol.gov/ofccp/regs/compliance/faqs/polfaqs.htm

From the OFCCP FAQ web page:

The scheduling letter used by OFCCP to commence a compliance evaluation requires the submission of an Executive Order Affirmative Action Program (AAP); Section 503/38 U.S.C. 4212 AAP(s); and support data on personnel activity from the preceding AAP year (a contractor that is 6 months or more into the AAP year must submit information that reflects progress on goals established in the current AAP). What does OFCCP consider to be a "current" Affirmative Action Program and support data?

Contractors are obligated to update their AAPs on an annual basis. When a scheduling letter is received, there is an expectation that a contractor will submit "current" AAPs. When a scheduling letter has been received just prior to, or just after, the annual update, questions have arisen concerning which AAPs should be submitted as the "current" AAP(s). Contractors should submit to the agency the AAP(s) that are current as of the date the scheduling letter is received. The date of receipt will be considered to be the date that the Certified Mail Return Receipt is signed by a representative of the contractor. If the scheduling letter is received within 30 days of the annual update of a contractor's AAP(s), the contractor may, at its own option, submit the updated AAP(s) for desk audit. In the event the contractor decides to submit the AAP(s) that have not yet been updated, then support data for the eleven (11) month period preceding the updating of those AAP(s) must be provided, in addition to information on the preceding AAP year.