Contractor Portal Now Open
The United States Department of Labor’s (DOL) Office of Federal Contract Compliance Programs’ (OFCCP) Contractor Portal opens on April 1, 2024. All eligible federal contractors must log in and certify their compliance with statutory affirmative action requirements. The portal will remain open until July 1, 2024.
FAQs for accessing the portal and completing the certification can be found on the DOL’s website. Contractors should evaluate whether they are required to prepare an affirmative action plan (AAP) ahead of the certification deadline. Pursuant to applicable OFCCP regulations, supply and service contractors that employ at least 50 employees and have a contract with a federal agency or department valued at $50,000 or more annually must have an AAP.
Completing the required certification timely is important because contractors that fail to certify their compliance are more likely to be chosen for a compliance evaluation. Businesses that are unsure if they are a covered contractor or subcontractor should seek the assistance of counsel to determine if they are required to prepare an AAP and/or file an annual certification through the portal.
New Benchmark for Veteran Hiring
The OFCCP also recently adjusted the hiring benchmark for veterans under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). As of March 31, 2024, the benchmark has been reduced to 5.2%, down from the previous benchmark of 5.4%. The percentage is used for contractors to compare the percentage of veterans represented in their AAP to assess the effectiveness of their recruitment efforts.
Under VEVRAA, in developing their AAP, contractors may choose to use either this benchmark, which is updated yearly, or establish their own benchmark using the five-factor method, which takes into consideration factors such as the number of veterans in the labor force in the state the contractor is located.
The OFCCP has also released examples of both the national benchmark and the individualized benchmark, which can be found here. Contractors should determine which benchmark they should use for their AAP.
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