The Office of Federal Contract Compliance Programs (OFCCP) will soon require federal contractors to use a Contractor Portal to register and certify that they have their required Affirmative Action Programs (AAP) in place. The portal launched February 1, 2022. Registration began on February 15 and certification began on March 31.
Who will be required to use the portal?
Supply and service contractors with 50 or more employees who meet contract thresholds will have to register and certify compliance. A single contract of $50,000 or more is the threshold for written AAP obligations for EO 11246 (women and minorities) and Section 503 (disabled individuals). If the entity has a single contract of $150,000 or more, it also meets the threshold for written AAP obligations under VEVRAA (protected veterans).
- Existing contractors have until June 30, 2022 to certify, via the portal, that they have developed and maintained an AAP for each establishment or functional/business unit. The portal will remain open past the deadline to allow for late registration.
- New contractors have 120 days after entry into the first covered federal contract to develop an AAP, and they must register and certify compliance through the contractor portal within 90 days of developing the AAP(s).
Construction contractors are not required to register at this time.
Annual Certification
After the initial certification year (2022), the OFCCP reports it will set a date by which all existing contractors must renew their annual certification.
Additional Guidance
Our lawyers will continue to monitor this development and can provide assistance on federal contracting and compliance requirements.