Federal Contractors: Is Your Affirmative Action Plan Certified?

The following article first appeared on Robinson+Cole’s Manufacturing Law Blog. It is reposted here with permission.

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As many federal contractors and subcontractors know, the date for covered entities to certify compliance with their annual affirmative action plan requirements using the contractor portal of the Office of Federal Contractor Compliance Programs was June 29, 2023.

On or before that date, and each year annually, such entities must certify compliance as it relates to covered establishments and/or functional/business units; such entities are certifying that they have developed and maintain an affirmative action plan for each such establishment or unit.

OFCCP’s contractor portal opened March 31, 2023, and remained open until June 29, 2023. 

Via email bulletin on June 30, 2023, OFCCP reiterated that the deadline for certification for 2023 was June 29, 2023 and had not been extended.

Audit Risk

The agency also stated that it “will consider a contractor’s registration and/or certification timely if the contractor has a pending request for assistance as of June 29, 2023” and stated that OFCCP’s portal technical help desk is open and available to answer questions and provide assistance.

OFCCP also reiterated that it provides a user guide and frequently asked questions on its website in addition to providing assistance through the technical help desk.

Certain contractors who do not timely comply (including those that have not used the contractor portal to do so) are more likely to be audited by the agency.

Previously, OFCCP clarified that certain contractors who do not timely comply (including those that have not used the contractor portal to do so) are more likely to be audited by the agency and that those that have not certified timely may be included in a list provided to federal agency contracting officers, with the stated purpose being that the agencies will then notify the contractors of their obligations.

Therefore, contractors that have not complied with the affirmative action requirements or have complied but not certified such compliance using OFCCP’s contractor portal, should do so as soon as possible.

Contractors that have questions about registration, certification, coverage under the law, and similar issues may wish to contact competent counsel.

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About the author: Abby Warren is a partner at Robinson+Cole and a member of the firm’s Labor, Employment, Benefits, and Immigration Group.