8K00 When to Make or Seek Approval of an Enforcment Recommendation

COs should make an enforcement recommendation when the contractor, with or without an SCN:

• Refuses to submit required AAPs and support data under one or more of the following: Executive Order 11246, Section 503 or VEVRAA;
• Refuses to provide access to its premises for an on-site review;
• Refuses to provide access to necessary information; or
• Harasses or intimidates a CO or agent of OFCCP (e.g., an OFCCP or SOL employee acting on behalf of the agency).

An enforcement recommendation should also be made in other situations, including when:

• An SCN is not resolved within 30 calendar days, or reasonable extensions thereof;
• A settlement negotiation fails to resolve violations specified in the NORI within 15 calendar days, or reasonable extensions thereof, in a complaint investigation;
• A contractor is not negotiating in good faith, and it is unlikely a CA will be reached;
• A 15-Day Notice of violation of the CA with no irreparable injury involved is not resolved within 15 calendar days, or reasonable extensions thereof; or
• A violation of a CA involves irreparable injury.