6D04 Counsel or Other Representation

A contractor or complainant may designate an attorney or other representative as his or her contact person with OFCCP prior to or during a complaint investigation. Such designation shall be at the initiation of the contractor or complainant being represented.

a. Written Designation. The designation of a representative must be in writing by the contractor or complainant to an OFCCP District or Regional Director. Either the complainant or the senior official of the contractor must sign the written designation letter. If the field office receives notification of the designation in a form other than in writing, the CO should contact the requester (contractor or complainant) and advise them of the necessary written designation letter. The correspondence should provide the name, address and telephone number of the representative. In addition, the correspondence should clearly describe the extent of the representative’s authority, specifically:

• If all contacts, including routine contacts to make appointments or to clarify submitted data or other information, should go through the representative;
• If the representative has the authority to negotiate settlements for the contractor or complainant; and
• If the CO should mail correspondence to the representative only, or if he or she should mail copies to the contractor or complainant as well.

The CO should send to the highest-ranking management official of the company a courtesy copy of all substantive documents that this Manual requires to be mailed to the contractor, even if the contractor designates a representative.

b. Duration of Designation. Unless the contractor or complainant indicates otherwise in the written designation letter, the designation shall only be for the duration of the complaint investigation and any applicable enforcement period.