Federal contractors and subcontractors must certify the status of their Affirmative Action Programs (AAPs) to the Office of Federal Contract Compliance Programs (OFCCP) by July 1, 2024.
Who Must Certify?
The certification requirement applies to all federal supply and service contractors and subcontractors (at any tier) that meet jurisdictional thresholds of 50 or more employees and have a contract or subcontract of $50,000 or more (pursuant to Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973) or $150,000 or more (pursuant to the Vietnam Era Veterans’ Readjustment Assistance Act of 1974). At this time, construction contractors are not required to provide an annual certification to OFCCP.
How Do Contractors Certify?
Contractors can register for the OFCCP Contractor Portal (https://contractorportal.dol.gov/) by using the contractor’s Login.gov (https://secure.login.gov/) account.
What Must Contractors Certify?
For each establishment or functional/business unit, contractors must provide one of the following three certifications:
- Entity has developed and maintained affirmative action programs at each establishment, as applicable, and/or for each functional or business unit;
- Entity has been party to a qualifying federal contract or subcontract for 120 days or more and has not developed and maintained affirmative action programs at each establishment, as applicable; or
- Entity became a covered federal contractor or subcontractor within the past 120 days and therefore has not yet developed applicable affirmative action programs.
New contractors that select the third certification have 90 days from the development of their AAP to access the Contractor Portal and update their certification.
Other Questions
Employers with questions about the OFCCP certification requirement should contact their attorney to help navigate federal contractor compliance obligations.