Conciliation is a negotiation between a CO and a contractor to resolve findings of noncompliance. The CO will take a collaborative approach with contractors during the exchange of information to promote a shared understanding of the issues and to promote resolution. The CO will work with the contractor to find innovative remedies, make good faith efforts to engage the contractor, and consistently apply transparency principles with all contractors. This section provides general information on conciliation while Section H provides COs specific information on CAs.
A compliance evaluation is complete when the CO issues a closure letter to the contractor. Of course, if the CO found violations, the contractor must correct the violations before a CO can issue a closure letter. COs use the conciliation process to resolve violations with the contractor.
After a CO issues an NOV, he or she will attempt to reach an acceptable resolution of the violation findings through voluntary conciliation efforts with the contractor. Conciliation discussions may involve various methods of communication, including the exchange of letters and emails, telephone conferences and in-person meetings. If these negotiations are successful, the CO will document the terms of the settlement in a formal CA. However, if, in the opinion of the CO, the contractor fails to agree to a reasonable settlement, fails to do so in a timely fashion or fails to negotiate in good faith, OFCCP may recommend the case for enforcement. In such circumstances, the CO must prepare a “recommendation to refer for enforcement” package and submit it to the regional office.