8E00 Use of a PDN

  • COs must use a PDN in discrimination cases following compliance evaluations conducted under Executive Order 11246, Section 503 and/or VEVRAA.409 The PDN must describe the indicators of discrimination and any other violations found, affording the contractor the opportunity to respond. COs should not use a PDN in cases in which there are only recordkeeping or affirmative action deficiencies, such as a failure to meet the standards for AAP acceptability. 410 The CO must consult with RSOL, BES, and other appropriate agency personnel in the national office prior to issuing the PDN.

After a CO identifies preliminary indicators of discrimination, the CO must notify the contractor through a PDN before issuing an NOV.

409. See Letter L-35 – Predetermination Notice.

410. See FCCM 8E – Predetermination Notice; Letter L-35– Predetermination Notice.