Earlier this year, the Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) opened the Contractor Portal, a new platform where covered federal contractors and subcontractors must annually certify whether they are meeting their requirement to develop and maintain written Affirmative Action Programs (“AAPs”).  As we previewed in June, OFCCP required covered contractors and subcontractors to submit their AAP compliance certifications by June 30, 2022. 

Although this deadline has passed, covered contractors and subcontractors that have not yet assessed their affirmative action plan obligations and made their certifications should do so immediately.  OFCCP confirmed that it will provide federal agency contracting officers with a list of all contractors who have not certified AAP compliance by September 1, 2022.  Inclusion on this list could result in not only audits by OFCCP, but additional scrutiny by contracting officers, as well as contracting-level actions that could range from payment delays, contract-level audits, and even the possibility of non-responsibility determinations resulting in suspension or debarment proceedings.

For covered contractors and subcontractors that have not yet made their AAP certification, OFCCP has made a number of resources available, including a user guide and FAQ as well as a help desk and hotline (1-800-397-6251).  The Covington team is similarly available to discuss whether these requirements are applicable to your entity, and to assist with the certification process more generally.