This subsection covers the period of time the contractor has to respond to an SCN and ASCN, and resolution of the violations through a CA.
a. Period for Response. The contractor has 30 calendar days from the date it receives the SCN or ASCN to either adequately respond to or resolve the violations the CO specified in the SCN or ASCN.
b. Resolution in CA. Because violations generating an SCN or ASCN are usually significant, a CA is used to show how the violations were resolved. This is the case unless the contractor is able to demonstrate that it is exempt from OFCCP’s requirements or that OFCCP’s allegations are incorrect. The contractor may, therefore, take any of the following actions in response to an SCN or ASCN:
- Contractor Resolves the Violation. The contractor may resolve a violation by:
- Entering into a written CA that remedies the violation, including the provision of make-whole relief for any victims of discrimination;408
- Demonstrating that it is exempt from OFCCP’s requirements; or
- Demonstrating that OFCCP’s allegations are incorrect.
- Contractor Does Not Resolve the Violation. If the contractor does not resolve all of the violations stated in the SCN or ASCN, the CO will normally recommend the initiation of enforcement proceedings as described in Section 8K of the chapter. Under these circumstances, the Regional Director must authorize any decision not to refer the contractor for enforcement and must document the reason for the decision in the case file.
408. See FCCM 7B.