On December 2, 2021, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) introduced its new Contractor Portal where covered contractors and subcontractors will be required to certify whether they are meeting annual affirmative action program (AAP) requirements. (DWT previewed this Contractor Portal in a blog post earlier this year.)
Federal contractors and subcontractors should be aware of the timeline by which OFCCP plans to roll out the new Contractor Portal:
- Registration Opens February 1, 2022: Contractors will be able to visit and register their company;
- Certification Period Begins March 31, 2022: Contractors will be able to certify the status of their AAPs for each establishment and/or functional unit, as applicable; and
- Certification Period Ends June 30, 2022: Contractors will need to certify the status of their AAPs before the period ends.
Purposes of the Portal
The Contractor Portal will have two primary uses:
- (1) For contractors to annually certify whether they are meeting requirement to develop and maintain annual AAPs; and
- (2) For scheduled contractors to upload their AAPs during a compliance evaluation.
Which Contractors Are Required to Use the Portal?
At present, OFCCP will require supply and service contractors and subcontractors who are required to prepare written AAPs to use the Contractor Portal to register and certify their AAP compliance. OFCCP is not requiring construction contractors to register for the portal or certify compliance (unless the construction contractor is also a supply and service contractor).
What About New Contractors?
New contractors must develop their AAPs within 120 days from the commencement of a covered federal contract. Those contractors must register and certify compliance in the Contractor Portal within 90 days of developing their AAPs.
Next Steps for Employers
Covered contractors may begin registering starting February 1, 2022, and begin certifying starting March 31, 2022. Contractors will need a Login.gov account and a secure password for entry into the portal. Prior to registering and certifying, covered contractors should ensure that their AAPs are up to date.
Contractors with additional questions should consult their attorneys and check the OFCCP Contractor Portal website where OFCCP will be publishing How-To Videos and User Guide and References, both of which are currently listed as "coming soon."