Once executed, a CA is monitored by the CO and the contractor submits progress reports for review. This subsection reviews the documents involved in monitoring a CA, such as a 15-Day Notice.
a. Contractor Does Not Submit a Progress Report. If a contractor fails to submit a progress report due under a CA within five days following the due date (unless a reasonable extension has been requested), or if the CO’s review of such a report shows a violation of the CA, the contractor has violated or breached the CA. The following actions are taken:
- No Irreparable Injury. In a no irreparable harm case, the CO issues the contractor a 15-Day Notice. The Notice provides 15 calendar days for the contractor to respond. The notice states the violations and summarizes the supporting evidence. The CO sends the notice by certified mail, return receipt requested; however, email or facsimile are permissible if confirmation of delivery and/or transmission is documented.392
- Irreparable Injury. When irreparable injury would result from the 15-day delay, the CO does not issue a 15-Day Notice. Rather, the appropriate Regional Director, after obtaining appropriate approval, verbally informs the contractor of OFCCP’s intent to proceed immediately to enforcement. This verbal notice is then followed by a written confirmation the CO sends by certified mail, return receipt requested; however, email or facsimile are permissible if confirmation of delivery and/or transmission is documented.393
b. Enforcement Recommendation. If the contractor does not demonstrate in writing that it is in compliance with the CA, or if contractor does not resolve the breach within the 15-calendar-day period or reasonable extensions thereof, the CO must recommend the matter for enforcement. In such a situation, there is no need for the CO to issue an SCN. Also, in enforcement proceedings alleging a breach of CA, the agency seeks enforcement of the terms of the CA and is not required to present proof of the original violations that led to the CA.
392. See FCCM 8J01– Procedure Where No Irreparable Injury Exists.
393. See FCCM 8J02 – Procedure Where Irreparable Injury Exists.