10 March 2022

Reminder: OFCCP Registration (Not Yet Certification) Is Open

As previously reported, in August 2021, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs’ (OFCCP) information collection request for an Affirmative Action Program Verification Interface through a new online portal.

The portal is a new OFCCP platform where covered supply and service federal contractors and subcontractors must certify that they are meeting their obligation to develop and maintain annual Affirmative Action Plans (AAP).  At this time the portal will only be used to certify that the contractor/subcontractor has prepared its AAP.  An actual AAP is only to be uploaded during a compliance review.

Why is OFCCP Requiring This?

In 2016 the federal General Accounting Office criticized OFCCP for not maintaining a comprehensive list of covered prime contractors and subcontractors, nor a method for determining which are preparing an annual affirmative action program.  GAO estimated that as many as 85% of covered federal contractors may not be timely preparing annual AAPs.

Key Dates:

On Feb. 1, 2022, registration opened on the portal.

On March 31, 2022, contractors will be able to begin utilizing the certification feature in the portal to certify their AAP compliance.

By no later than June 30, 2022, contractors must certify that they have developed and maintained an affirmative action program for each establishment and/or functional unit, as applicable.

OFCCP has published a link to Frequently Asked Questions, How-To videos and a Contractor Portal Landing Page.  The Agency has also indicated that it will conduct a webinar focused on certification on March 31, 2022.

A failure to register and certify AAP compliance may have meaningful consequences.  OFCCP has announced that contractors who fail to register and certify may be more likely to be selected for an enforcement audit.

We’ll keep you updated on further developments as OFCCP shares additional information.  Nevertheless, this underscores the importance for federal government contractors and subcontractors to timely prepare an annual AAP and register through the portal.