[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-741.60]

[Page 214-215]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60-741_AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
 
         Subpart D_General Enforcement and Complaint Procedures
 
Sec. 60-741.60  Compliance reviews.


    (a) OFCCP may conduct compliance reviews to determine if the 
contractor maintains nondiscriminatory hiring and employment practices 
and is taking affirmative action to ensure that applicants are employed 
and that employees are placed, trained, upgraded, promoted, and 
otherwise treated in accordance with this part during employment. The 
compliance review shall consist of a comprehensive analysis and 
evaluation of each aspect of the aforementioned practices, policies, and 
conditions resulting therefrom. Where necessary, recommendations for 
appropriate sanctions shall be made.
    (b) Where deficiencies are found to exist, reasonable efforts shall 
be made to secure compliance through conciliation and persuasion 
pursuant to Sec. 60-741.62.

    Effective Date Note: At 70 FR 36265, June 22, 2005, Sec. 60-741.60 
was amended by revisng the section heading and paragraph (a), effective 
July 22, 2005. For the convenience of the user, the revised text is set 
forth as follows:

Sec. 60-74l.60  Compliance evaluations.

    (a) OFCCP may conduct compliance evaluations to determine if the 
contractor maintains nondiscriminatory hiring and employment practices 
and is taking affirmative action to ensure that applicants are employed 
and that employees are placed, trained, upgraded, promoted, and 
otherwise treated in accordance with this part during employment. 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 Section 
503 of the Rehabilitation Act of 1973 and regulations;
    (3) Compliance check. A determination of whether the contractor has 
maintained records consistent with Sec. 60-741.80; at the

[[Page 215]]

contractor's option the documents may be provided either on-site or off-
site; 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.

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