On February 1, 2022, the Office of Federal Contractor Compliance Programs (OFCCP) launched the contractor portal through which Federal Contractors must register their organization. Federal Contractors will have until June 30, 2022 to certify that they have complied with Affirmative Action Plan requirements.
WHICH FEDERAL CONTRACTORS HAVE TO CERTIFY?
Service and Supply Contractors (and subcontractors) must certify that they have adopted an Affirmative Action Plan. Construction Contractors do not have a certification requirement, but it is expected that requirement will be coming soon. Importantly, only those Service and Supply Contractors with 50 or more employees and contracts of more than $50,000.00 must certify. Service Contractors with more than 50 employees and contracts in excess of $150,000.00 will also have Vietnam ERA Veterans’ Readjustment Assistance Act (VEVRAA) obligations.
HOW DOES CERTIFICATION WORK?
It is not clear how the OFCCP will require contractors to certify. It is anticipated that they will issue information or even regulations on how certifications should be accomplished. At a minimum, contractors will likely have to certify, under penalty for providing false information, whether they have a written plan, and whether they believe their subject to any plan requirements.
The OFCCP has published a User Guide and Frequently Asked Questions page here.
If you have questions about your Affirmative Action Plan obligations, we recommend you contract an experienced construction attorney.