8H00 When to Use a CA

The CO must use a CA whenever he or she properly issues an SCN or ASCN, or in the following circumstances:

1. If the CO finds in a compliance evaluation or complaint investigation that the contractor discriminated, either on an individual or systemic basis.

2. If a supply and service contractor did not submit an AAP as required by one or more of the three laws OFCCP enforces.

3. If a supply and service contractor’s Itemized Listing data, provided based on a desk audit request, or the AAP is not acceptable.

4. If any contractor failed to demonstrate good faith effort, including situations where a supply and service contractor deviates substantially from its Executive Order 11246 AAP,416 or materially violates its Section 503 and/or VEVRAA obligations.417 It also includes situations where a federal construction contractor materially violates its Section 503 or VEVRAA obligations, or where a construction contractor fails to adequately document its implementation of its Executive Order 11246 affirmative action obligations and refuses to remedy those violations. 418

416. See 41 CFR 60-2.2(c).

417. See 41 CFR 60-741.62 and 60-300.62.

418. See FCCM Chapter 3– Construction Industry Compliance Program.