The PDN typically has three parts: a description of any indicators of discrimination, a list of any other unresolved violations, and an offer of an opportunity to respond to the PDN with additional information or evidence. These three parts are described in more detail below. Letter L-35, Predetermination Notice, is a sample form letter for a PDN.
a. Description of the Discrimination. In this, the first part of the PDN, a CO describes all discrimination findings. This description will include identification of the discrimination victim(s), e.g., the affected class or individual(s); the employment action(s) giving rise to the preliminary findings; and the basis for the liability determination (e.g., disparate treatment in the selection of minority technicians). The PDN should also include facts and the results of analyses that support the preliminary determination and recommended remedies. Typically, the PDN includes the magnitude of the impact in terms of shortfalls or pay disparities and the measure of statistical certainty (e.g., standard deviation).
b. Other Unresolved Issues. After describing the discrimination findings, a CO identifies and addresses other unresolved deficiencies, such as affirmative action deficiencies that did not result in an “acceptable AAP” finding. A CO also identifies and addresses recordkeeping and technical violations, such as the contractor’s failure to post required notices.
c. Offer the Contractor the Opportunity to Respond. The PDN offers the contractor an opportunity to respond in writing within 15 calendar days.
If, after the receipt of a PDN, the contractor does not respond by the indicated date or obtain an extension, the CO will issue an NOV incorporating the preliminary findings after consultation with RSOL, BES, and other appropriate agency personnel in the national office.411 The NOV will indicate that the contractor did not respond and/or did not rebut the discrimination issue (or any other issues raised in the PDN).
411. See FCCM 8F.