1B04 Follow-Up Contact with Contractor and Jurisdiction Challenges

Investigators must contact the contractor within 15 calendar days after sending the Scheduling Letter and Itemized Listing to ensure that the contractor or the contractor’s representative, or both, fully understand the requests contained in the letter. If the contractor has questions, Investigators will provide technical assistance to clarify the contractor’s obligations and the compliance evaluation process. The Investigators should establish themselves as the primary point of contact for the compliance evaluation, provide an overview of what to expect during the evaluation, and explain the SCN process for failure to meet deadlines for submitting the AAPs and Itemized Listing information.

The contractor may challenge OFCCP’s authority to schedule it for a compliance evaluation. For instance, the contractor could assert that the establishment is closed, the establishment is part of an approved FAAP agreement, or it does not have a large enough federal contract or the requisite number of employees to trigger OFCCP’s AAP requirements. The contractor might also inform the Investigator that it has been less than 24 months since it received a closure letter from OFCCP for a prior compliance evaluation or since the end of the monitoring period for a CA or consent decree it entered with OFCCP to remedy violations uncovered during a prior evaluation.

If the contractor challenges the agency’s jurisdiction for any reason, the Investigator must elevate the issue to the attention of DPO, in coordination with their supervisor and regional office. DPO will conduct research to determine if OFCCP has jurisdiction. If jurisdiction is then established, yet the contractor continues to dispute OFCCP’s jurisdiction, the Investigator will recommend issuance of a SCN. Chapter 8, Section D explains the use of SCNs. If jurisdiction is not established, then the Investigator will receive instruction to administratively close the compliance evaluation using Letter L-1 – Sample Administrative Closure Letter for Supply & Service and Construction Compliance Evaluations. OFCCP’s current jurisdictional thresholds can be found at https://www.dol.gov/ofccp/taguides/jurisdiction.htm 

If a region schedules a compliance evaluation of an establishment that is covered by a functional or business unit, the regional office and Investigator must contact DPO to verify if the establishment is covered within an approved functional or business unit. The DPO will advise the regional office and Investigator whether to administratively close the evaluation.