FCCM Update Alert

OFCCP’s Federal Contract Compliance Manual has been updated to reflect the 2023 Pre-enforcement Notice and Conciliation Procedures final rule. The Manual provides guidance for OFCCP’s compliance officers (“COs”) in conducting compliance evaluations, complaint investigations and providing federal contractors with compliance assistance.

Chapter 2- Onsite

2O00 Summary of Findings- Updated language regarding indicators to “preliminary findings of potential discrimination”.

Chapter 8- Resolution of Noncompliance

8A00 Applicability- Removed references to 2020 final rule, “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination”.

8B02 Documents Used in the On-Site and Off-Site Phases of Compliance Evaluations (Supply & Service and Construction)- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E Predetermination Notice- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E00 Use of a PDN- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E00 Use of a PDN - Added language to make clear contractors have the option to waive the PDN/ NOV process and enter the expedited conciliation option.

8E01 Contents of a PDN- Updated language regarding indicators to “preliminary findings of potential discrimination”.

8E01 Contents of a PDN- Updated language regarding the information and evidence necessary to issue PDN.

8E01 Contents of a PDN- Notes new violations identified after issuing a PDN can be included in a subsequent NOV or SCN, without amending/ reissuing the original PDN.

Key Words and Phrases- “Predetermination Notice (PDN)” definition- Updated language regarding indicators to “preliminary findings of potential discrimination”.

Letters- Updated L-35 Predetermination Notice (PDN) and L-36 Notice of Violation (NOV)