In preparation for the on-site review, the CO must contact the contractor, or the contractor’s representative, to schedule the on-site review. The CO must make any additional data requests beyond what the contractor provided at the desk audit during this pre-on-site stage, to refine indicators and prepare for a potential on-site visit. Supplemental information requests must include the basis for the request, be reasonably tailored to the areas of concern, and allow for a reasonable time to respond.
Receipt of supplemental data may result in resolving the indicator(s) of potential violation(s) and, as such, no further investigation may be warranted. If problem areas remain, the CO will identify the contractor officials who will need to be available during the on-site review. The CO must also inform the contractor that he or she may need additional information and interviews related to identified problem areas as the on-site review progresses. Having such a discussion before the on-site visit provides the contractor with time to locate and make available requested information and interviewees.
The CO must provide the contractor with written confirmation of the on-site date(s) and time(s) at least three business days before the on-site visit.92 This confirmation must also include a summary of the preliminary indicators of potential violations, requests for access to interviewees, as well as data and information that the CO is aware of needing at that time. The confirmation is sent to the contractor by certified mail, return receipt requested; however, a courtesy copy may be sent by email or facsimile.93
92. However, OFCCP reserves the right to waive the three-day advance notice if providing it could result in irreparable injury to the employment rights of affected employees or applicants.
93. See L-7, Supply & Service On-Site Confirmation Letter.