NOVs, issued by COs, initiate the conciliation and resolution process. The NOV should request that the contractor contact the appropriate field office within 5 business days of receipt of the NOV. The NOV should identify the CO or other OFCCP representative who the contractor should contact and provide the contact information, including telephone numbers. Letter L-36, Notice of Violation, is a sample form letter for an NOV. NOVs issued by COs must:
1. State the Violation(s). State the violation(s) and, if a PDN was previously issued, indicate any modifications to the violation(s) resulting from the contractor’s response. Include specific facts and, where applicable, the results of analyses that support the violation(s).
2. Analyze the Response. If a PDN was previously issued and the contractor responded to it, analyze the contractor’s response, giving the reasons why it did not fully rebut OFCCP’s preliminary determination.
3. Describe the Corrective Action and Remedy. Describe the corrective action and any proposed remedy. Include the scope of relief (e.g., all minorities rejected for Technician positions since (date) will be made whole by providing), the type of relief (e.g., job offers, back pay) and, when relevant, the time period involved (e.g., back pay from date of application to date of settlement).
4. Cease Discrimination. If discrimination was found, specifically require termination of the identified discriminatory practice(s) if the contractor has not already terminated the practice.
5. Require CA. Indicate that a CA must incorporate the resolution of the violation(s) cited in the NOV.