1C04 Additional Data Requests

OFCCP may seek additional data before the completion of the desk audit if:

• The contractor’s submission is incomplete;
• The Investigator needs to clarify information provided by the contractor for the desk audit; or
• The data is in a format that cannot be analyzed.

If the contractor does not make a complete submission in response to the Scheduling Letter and Itemized Listing, then the Investigator must follow the procedures in 1C00 or 1C01, as appropriate. Section 1E discusses what must be included in the contractor’s submission. Sections 1F, 1G and 1H explain how to evaluate whether the content submitted is acceptable.

The Investigator may find an indicator of discrimination at desk audit and need to request additional data to perform refined analysis before going on-site. This supplemental records request must include the basis for the request, be reasonably tailored to the areas of concern, and allow for a reasonable time to respond.

Special circumstances or exceptions may also exist that warrant an Investigator extending the analysis of a contractor’s AAPs, personnel activity, policy implementation and supporting documentation to cover a period beginning two years before the date the contractor received the Scheduling Letter. The appearance of potential discrimination and missing records are examples of such special circumstances or exceptions. To fully investigate and understand the scope of potential violations, the Investigator may also need to examine records created after the date of the Scheduling Letter to determine, for example, if indicators of these potential violations appear or whether the situation or factors resulting in the indicators have been remedied. This assumes, however, that the Investigator, in conjunction with DPO, can establish coverage for the entire period. If the Investigator believes it is necessary to request information related to periods after the date of the Scheduling Letter, the Investigator must discuss the issue with their supervisors. The Investigator will request data relevant to the potential discrimination issues identified at the desk audit to determine how far into the evaluation period the violation extends and whether the violation continues to the present day. This information is necessary to ensure that any discriminatory practices have ended and to ensure that all victims of discrimination receive appropriate remedies.