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 broadly describe the preliminary findings of potential 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 findings of potential discrimination, the CO must notify the contractor through a PDN before issuing an NOV. OFCCP may agree to waive the PDN and/or NOV to enter directly into a conciliation agreement with a contractor. OFCCP may offer the contractor this expedited conciliation option, but may not require or insist that the contractor avail itself of the expedited conciliation option. The CO must consult with their manager before offering this option to the contractor.
409. See Letter L-35 – Predetermination Notice.
410. See FCCM 8E – Predetermination Notice; Letter L-35– Predetermination Notice.