[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: 41CFR60-741.62]

[Page 216]
 
           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. 60-741.62  Conciliation agreements and letters of commitment.

    (a) If a compliance review, complaint investigation or other review 
by OFCCP finds a material violation of the act or this part, and if the 
contractor is willing to correct the violations and/or deficiencies, and 
if OFCCP determines that settlement on that basis (rather than referral 
for consideration of formal enforcement) is appropriate, a written 
conciliation agreement shall be required. The agreement shall provide 
for such remedial action as may be necessary to correct the violations 
and/or deficiencies noted, including, where appropriate (but not 
necessarily limited to) such make whole remedies as back pay and 
retroactive seniority. The agreement shall also specify the time period 
for completion of the remedial action; the period shall be no longer 
than the minimum period necessary to complete the action.
    (b) The term ``conciliation agreement'' does not include ``letters 
of commitment,'' which are appropriate for resolving minor technical 
deficiencies.

    Effective Date Note: At 70 FR 36266, June 22, 2005, Sec. 60-741.62 
was amended by removing paragraph (b) and the paragraph (a) designation, 
and by revising the section heading and the first sentence of former 
paragraph (a), effective July 22, 2005. For the convenience of the user, 
the revised text is set forth as follows:

Sec. 60-741.62  Conciliation agreements.

    If a compliance evaluation, complaint investigation or other review 
by OFCCP finds a material violation of the Act or this part, and if the 
contractor is willing to correct the violations and/or deficiencies, and 
if OFCCP determines that settlement on that basis (rather than referral 
for consideration of formal enforcement) is appropriate, a written 
conciliation agreement will be required. * * *