OFCCP Launches Notification of Construction Contract Award Portal

Faegre Drinker Biddle & Reath LLP

On August 26, 2022, the Office of Federal Contract Compliance Programs (OFCCP) launched its Notification of Construction Contract Award Portal (NCAP). The NCAP is a new online platform for contracting officers, applicants, contractors, and subcontractors to submit notice to the OFCCP of a construction contract or subcontract.

The OFCCP’s construction regulations require federal construction contractors to give written notice to the OFCCP within 10 working days of awarding a construction subcontract of more than $10,000 at any tier for construction work performed under a federal or federally assisted construction contract. 41 C.F.R. § 60-4.2(d)(3). Federal contracting officers, applicants for construction contracts, and non-construction contractors (in some circumstances) are also responsible for providing this notice. Id. §§ 60-4.2(b)–(c). The OFCCP uses this information to determine jurisdiction and to schedule construction contractors and subcontractors for compliance evaluations. The OFCCP has developed NCAP so that contractors can submit Form CC-314 information electronically. The OFCCP states that it also plans to use NCAP as the primary source for entering, tracking, and submitting contract award notifications for review by the agency.

Although construction contractors may still submit construction contract award notifications by mail, email, and fax, the OFCCP prefers that contractors now utilize the NCAP for notification. The agency also noted that submitting through NCAP—unlike mail, email, or fax—will provide confirmation to users that their notices were successfully submitted.

Contractors may opt to register for NCAP by creating a Login.gov account, selecting the NCAP account type, and entering the required information on the Complete User Profile page. Additional information about NCAP can be found in the OFCCP’s FAQs and the NCAP User Guide. For technical assistance, contractors can submit a Technical Help Request Form or call 1-800-397-6251.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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