The newly imposed deadline is fast approaching for Government Contractors required to develop annual Affirmative Action Plans (AAPs) to certify that they have in fact created such plans. Supply and service federal contractors and subcontractors who meet the designated jurisdictional thresholds for creating AAPs will need to register and certify by June 30, 2022 via the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) online Contractor Portal that they have created annual AAPs under all of the laws that the OFCCP enforces under which the contractor is covered (Executive Order 11246, Section 503 of the Rehabilitation Act, and the Vietnam, Veterans’ Readjustment Act). New contractors have 120 days to develop their AAPs and must register and certify compliance within 90 days of developing their AAP. After the initial certification year, the OFCCP will set a date by which existing contractors must renew their annual certification.
The certification is a new requirement. Until now, while prime contractors have had to certify that they developed AAPs in the System for Award Management, creating and maintaining AAPs has largely been left to contractors on an honor system basis or upon an individualized request, such as in an audit. As a result, the OFCCP found that the vast majority of contractors could not produce copies of their written AAP within 30 days of the request. The new portal is designed to increase contractor compliance with the AAP requirement. Contractors who fail to timely certify compliance will be more likely to be audited. Contractors may access the portal here.
The OFCCP has posted additional information about the portal and "How to" videos on their website. (https://www.dol.gov/agencies/ofccp/contractorportal) and FAQs can be found at (https://www.dol.gov/agencies/ofccp/faqs/contractorportal). Contractors who do not have AAPs in place should start preparing them now. If you need assistance with your AAP or have questions about the new certification requirements, please contact us.
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