OFCCP Provides Guidance for Contractors That Missed AAP Certification Deadline

Allen Smith, J.D. By Allen Smith, J.D. August 8, 2022
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U.S. Department of Labor headquarters

​The Office of Federal Contract Compliance Programs (OFCCP) has issued guidance to federal contractors that missed the June 30 deadline to certify their affirmative action program (AAP) compliance in the agency's new contractor portal. We've gathered articles on the news from SHRM Online and other outlets.

OFCCP Contractor Portal

Federal contractors had until June 30 to register and certify compliance on the OFCCP Contractor Portal. Organizations should have identified their main point of contact for the portal, noted Joanna Colosimo, SHRM-SCP, vice president of workforce equity and compliance strategy and principal consultant for DCI Consulting in Washington, D.C. In addition, organizations should determine who is certifying for each establishment.

(SHRM Online)

Three Possible Paths

The OFCCP's guidance outlined three possible paths for federal contractors to take. First, if a contractor hasn't certified AAP compliance but requested assistance from the OFCCP by June 30, the Contractor Portal Technical Help Desk should address the request as an open help desk ticket.

Secondly, if a contractor has not registered and certified compliance, they should do so as soon as possible—no later than Sept. 1. Otherwise, there may be contract-related consequences.

Finally, there are requirements for establishments with fewer than 50 employees.

(Fisher Phillips via JD Supra)

OFCCP's Guidance When There Were Technical Problems Certifying

The OFCCP's bulletin said the agency will consider contractors that had not completed certification by June 30 due to a pending request for technical assistance to have met the deadline. These contractors will be less likely to appear on an upcoming scheduling list than contractors that failed to attempt to certify. Contractors with pending assistance requests should expect their certification needs to be satisfied as the Contractor Portal Technical Help Desk continues to address pending help desk tickets.  

(DCI Consulting)

Quirks with the OFCCP Portal

Organizations using the portal have encountered some blips, such as in how to enter the EEO-1 company number. Businesses with 100 or more employees and some federal contractors with at least 50 employees must submit an annual EEO-1 form. The EEO-1 report asks for information from the previous year about the number of employees who worked for the business, sorted by job category, race, ethnicity and gender.

(Jackson Lewis) and (SHRM Online)

What If a Contractor Is Noncompliant After Sept. 1?

If a federal contractor is noncompliant with the requirement to certify AAP compliance on the OFCCP Portal after Sept. 1, the contractor will be included on a list provided to federal agency contracting officers.

(The National Law Review)

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