On February 1, 2022, OFCCP began requiring covered contractors to register their company in the OFCCP Contractor Portal, and subsequently certify that they have developed and maintained an affirmative action program for each establishment and/or functional unit, as applicable.
OutSolve offers full Contractor Portal administration services including registering and certifying Parent Companies and Establishment affirmative action plans. Our experts can handle the burden of the initial and future updates of your organization’s record details including the assessment and submission of itemized listing information in the event of an audit.
The Contractor Portal is a new OFCCP platform where covered federal contractors and subcontractors (“contractors”) must certify whether they are meeting their requirement to develop and maintain annual AAPs. Scheduled contractors will also be able to use the portal to upload their AAP(s) during a compliance evaluation
In Report 16-750, Equal Employment Opportunity: Strengthening Oversight Could Improve Federal Contractor Nondiscrimination Compliance, the U.S. Government Accountability Office determined that "OFCCP has no process for ensuring that the tens of thousands of establishments that have signed a qualifying federal contract have developed an AAP within 120 days of the commencement of the contract, or updated it annually." OFCCP implemented the Contractor Portal with the objective of ensuring that all covered contractors are meeting their obligation to develop and maintain written AAPs.
Supply and service contractors and subcontractors who meet certain jurisdiction thresholds are required to use the Contactor Portal to register and certify their AAP compliance. Specifically, contractors that hold a contract of $50,000 or more and employ 50 or more employees must develop and maintain AAPs pursuant to Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973. If a contractor has at least 50 employees and a contract of $150,000 or more, then it must also develop an AAP pursuant to the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.
OFCCP is currently only requiring annual certification for supply and service contractors. Contractors that are only construction contractors and not also supply and service contractors are not required to certify compliance, and should not register for the portal.
No. Certification that a contractor has developed and annually updated their AAP(s) will not exempt them from compliance evaluations.
The Contractor Portal is built on a Drupal platform. The developed platform is a content management system for government agencies with built-in security modules, including the following:
Contractors can register for the Contractor Portal by creating a Login.gov account using an email and a secure password for entry into the portal. To register, Contractors will be required to enter their Employer Identification Number (EIN) and EEO-1 Headquarter/Company Number and Establishment/Unit Number.
If the Contractor does not know its EEO-1 identifiers, the Contractor will be required to enter their Employer Identification Number (EIN), Legal Business Name, DUNS Number, and NAICS Cod
Existing contractors may register starting February 1, 2022. OFCCP strongly recommends that contractors start registering as soon as possible.
New contractors have 120 days to develop their AAP(s), and must register and certify compliance in the Contractor Portal within 90 days of developing their AAP(s).
The certification features in the portal will be available March 31, 2022. By June 30, 2022, existing contractors must certify whether they have developed and maintained an affirmative action program for each establishment and/or functional unit, as applicable.
Yes. Contractors with FAAP agreements are required to use the Contractor Portal.
Yes, a contractor can have multiple users register for the Contractor Portal.
Yes. The Contractor Portal allows contractors to edit information about their company.