This Notice of Rescission does not change the laws and/or regulations governing OFCCP’s programs and does not establish any legally enforceable rights or obligations. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Effective Date: September 5, 2023

  1. SUBJECT: Notice of Rescission of Directive 2018-01

  2. PURPOSE: To rescind Directive 2018-01, Use of Predetermination Notices (PDN), issued February 27, 2018.

  3. REFERENCES:
    1. Use of Predetermination Notices (PDN), Directive 2018-01 (February 27, 2018);

    2. Federal Contract Compliance Manual (FCCM), Chapter 8 (2023);

    3. Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures To Resolve Potential Employment Discrimination, Final Rule, 85 FR 71553 (November 10, 2020); and

    4. Pre-enforcement Notice and Conciliation Procedures, Final Rule, 88 FR 51717 (August 4, 2023).

  4. AFFECTED POLICY: This notice rescinds DIR 2018-01.

  5. BACKGROUND: In 2018, OFCCP issued Directive 2018-01 to provide interim guidance on use of the PDN. A PDN is a letter that OFCCP uses to inform federal contractors and subcontractors (“contractors”) of the agency’s preliminary findings of potential discrimination. The PDN provides contractors with an opportunity to respond prior to OFCCP deciding to issue a Notice of Violation (NOV). DIR 2018-01 intended to ensure consistency across OFCCP’s field offices, transparency about preliminary findings with contractors, and communication throughout the compliance evaluation process in the absence of a regulatory requirement regarding the use of PDNs.

    DIR 2018-01 served as a precursor to codification of two pre-enforcement notices, the PDN and the NOV. In November 2020, OFCCP published a final rule, "Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures To Resolve Potential Employment Discrimination" (the "2020 rule"), amending its regulations regarding the agency’s pre-enforcement resolution procedures. Subsequently, OFCCP modified the 2020 rule by issuing "Pre-enforcement Notice and Conciliation Procedures" (the "2023 rule") published on August 4, 2023. The 2023 rule clarifies and retains the consistent use of the PDN and the NOV as pre-enforcement procedures. The 2023 rule also restores the distinct purposes of each notice. OFCCP remains committed to open communication to ensure contractors understand the nature of any concerns identified in the pre-enforcement notices. DIR 2018-01 is consistent with the 2023 rule and as interim guidance the directive is no longer warranted.

  6. ROLES AND RESPONSIBILITIES: Not applicable.

  7. POLICY AND PROCEDURES: Effective immediately, OFCCP rescinds DIR 2018-01. The 2023 rule, which incorporates the substantive provisions of DIR 2018-01, is effective on September 5, 2023. Concurrent with the rescission of DIR 2018-01, OFCCP has updated the FCCM to include procedures addressing use of the PDN consistent with the 2023 rule.

  8. ATTACHMENTS: None.

/S/
Michele Hodge
Acting Director
Office of Federal Contract Compliance Programs