On August 31, 2021, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs’ (OFCCP) information collection request for the Affirmative Action Program Verification Interface, through a new online portal, referred to as the Contractor Portal.
Covered federal contractors and subcontractors (“contractors”) must use this portal to certify, on an annual basis, whether they have developed and maintained an affirmative action program for each establishment and/or functional unit, as applicable. In addition, the Contractor Portal will provide a secure way for scheduled contractors to submit their Affirmative Action Program(s) to OFCCP during compliance evaluations.
Who is considered a contractor, required to have an affirmative action program, under Executive Order 11246, Section 503 (Section 503 of the Rehabilitation Act of 1973), and VEVRAA (Vietnam Era Veterans’ Readjustment Assistance Act of 1974)?
Non-construction federal contractors must develop and maintain a written affirmative action program for each of its establishments if it has 50 or more employees and:
- Has a contract of $50,000 or more and/or $150,000 or more under VEVRAA (Vietnam Era Veterans’ Readjustment Assistance Act of 1974), or
- Has Government bills of lading which in any 12-month period, that total or can reasonably be expected to total, $50,000 or more; or
- Serves as a depository of Government funds in any amount; or
- Is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes in any amount.
Multi-establishment companies must have an individual AAP for each location, facility, or establishment that has 50 or more employees.
Important reporting dates for contractors:
- On Feb. 1, 2022, contractors began registering for access to the portal. OFCCP will also send an e-mail to each covered federal contractor in its jurisdiction, whose email information is available in its system, inviting them to register.
- On March 31, 2022, contractors will be able to utilize the certification feature in the portal to certify their AAP compliance.
- 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.
What information is needed to register?
Contractors and sub-contractors will enter the information from the 2018 EEO-1 report into the Contractor Portal fields “Headquarter/Company Number,” and “Establishment/Unit Number” during the registration process. This registration process is configured to work only with information the 2018 EEO-1 report.
If there are errors once the 2018 EEO-1 identifiers are entered, contact the Contractor Portal Technical Help Desk for assistance through the OFCCP Contractor Portal Technical Help Request Form. Registering for the portal using the “Identifiers Not Known Path” will result in the portal account not being matched to the company records in the system and data for your company will not pre-populate, so users are advised to avoid going that route.
More information about registration and certification will be forthcoming in the next few months. Additional information on the Contractor Portal, including frequently asked questions (FAQ), can be found on OFCCP’s Contractor Portal landing page.
Members may also contact the 24/7 HR Hotline at (866)HR-Hotline (866.474.6854), [email protected], or contact MRA’s Affirmative Action Compliance Planning Team.