[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-250.60]

[Page 186-187]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
   CHAPTER 60--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL 
                         EMPLOYMENT OPPORTUNITY,
                           DEPARTMENT OF LABOR
 
  PART 60-250--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING SPECIAL DISABLED VETERANS AND VETERANS OF THE 
VIETNAM ERA--Table of Contents
 
         Subpart D--General Enforcement and Complaint Procedures
 
Sec. 60-250.60  Compliance evaluations.


    (a) OFCCP may conduct compliance evaluations to determine if the 
contractor is taking affirmative action to employ, advance in employment 
and otherwise treat qualified individuals without discrimination based 
on their status as a special disabled veteran or veteran of the Vietnam 
era in all employment practices. A compliance evaluation may consist of 
any one or any combination of the following investigative procedures:
    (1) Compliance review. A comprehensive analysis and evaluation of 
the hiring and employment practices of the contractor, the written 
affirmative action program, and the results of the affirmative action 
efforts undertaken by the contractor. A compliance review may proceed in 
three stages:
    (i) A desk audit of the written affirmative action program and 
supporting documentation to determine whether all elements required by 
the regulations in this part are included, whether the affirmative 
action program meets agency standards of reasonableness, and whether the 
affirmative action program and supporting documentation satisfy agency 
standards of acceptability. The desk audit is conducted at OFCCP 
offices;
    (ii) An on-site review, conducted at the contractor's establishment 
to investigate unresolved problem areas identified in the affirmative 
action program and supporting documentation during the desk audit, to 
verify that the contractor has implemented the affirmative action 
program and has complied with those regulatory obligations not required 
to be included in the affirmative action program, and to examine 
potential instances or issues of discrimination. An on-site review 
normally will involve an examination of the contractor's personnel and 
employment policies, inspection and copying of documents related to 
employment actions, and interviews with employees, supervisors, 
managers, hiring officials; and
    (iii) Where necessary, an off-site analysis of information supplied 
by the contractor or otherwise gathered during or pursuant to the on-
site review;
    (2) Off-site review of records. An analysis and evaluation of the 
affirmative action program (or any part thereof) and supporting 
documentation, and other documents related to the contractor's personnel 
policies and employment actions that may be relevant to a determination 
of whether the contractor has complied with the requirements of the 
Executive Order and regulations;
    (3) Compliance check. A visit to the establishment to ascertain 
whether data and other information previously submitted by the 
contractor are complete and accurate; whether the contractor has 
maintained records consistent with Sec. 60-250.80; and/or whether the 
contractor has developed an affirmative action program consistent with 
Sec. 60-250.40; or
    (4) Focused review. An on-site review restricted to one or more 
components of the contractor's organization or one or more aspects of 
the contractor's employment practices.
    (b) Where deficiencies are found to exist, reasonable efforts shall 
be made to secure compliance through conciliation and persuasion 
pursuant to Sec. 60-250.62.
    (c) VETS-100 Report. During a compliance evaluation, OFCCP may 
verify whether the contractor has complied with its obligation, pursuant 
to 41 CFR Part 61-250, to file its annual Veterans' Employment Report 
(VETS-100 Report) with the Office of the Assistant Secretary for 
Veterans' Employment and Training (OASVET). If the contractor has not 
filed its report, OFCCP will request a copy from the contractor. If the 
contractor fails to provide a copy

[[Page 187]]

of the report to OFCCP, OFCCP will notify OASVET.