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.