Background
Beginning in February 2022, the Office of Federal Contract Compliance Program (OFCCP) began requiring covered federal contractors and subcontractors to register their organization(s) in the OFCCP Contractor Portal and certify, on an annual basis, whether they have developed and maintained an affirmative action program (AAP) for each establishment and/or functional/business unit, as applicable. The Contractor Portal is currently open for existing covered contractors to certify their compliance through the Contractor Portal by June 29, 2023.
Summary
Contractors within OFCCP’s jurisdiction that meet certain contract dollar and employee thresholds must develop and maintain affirmative action programs and certify their compliance annually. Using the Contractor Portal, existing federal contractors and subcontractors must complete their certification for the second annual cycle by June 29, 2023. The Contractor Portal’s certification feature has been enhanced and contractors must now provide the start date of their AAP Coverage Period when certifying.
New contractors have 120 days to develop their AAPs and are required to register and certify compliance via the Portal within 90 days of developing their AAPs. The Portal will remain open this year after the June 29, 2023 certification deadline for newer AAPs.
The OFCCP released its 2023 Corporate Scheduling Announcement List (CSAL) in January 2023, which notified 500 supply and service locations of upcoming audits. The OFCCP has said that existing contractors that do not timely certify compliance will be more likely to appear on the CSAL. To avoid additional OFCCP scrutiny, federal contractors must certify in the Contractor Portal that their AAP is compliant.
Employer Next Steps
We have summarized key steps employers should take to comply with this deadline.
- Review the OFCCP’s resource landing page which includes FAQs, pre-recorded certification webinar, how-to videos, a user guide and one-page guides for registration and certification
- If you currently work with our HR Consulting Team on your organization’s AAP, we can verify if you are enrolled in this additional service with our partner; if interested in outsourcing the Contractor Portal Administration process, please email us
- If you are interested in learning more about our government reporting solutions, please email us
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This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.
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