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On April 1, 2024, the Office of Federal Contract Compliance Programs (OFCCP) opened its OFCCP Contractor Portal for annual compliance certification.  Covered federal contractors and subcontractors will have until July 1, 2024[1], to certify whether they have developed and maintained their annual affirmative action plans. To certify, covered contractors and subcontractors will need to register with the OFCCP’s Contactor Portal using the company’s EEO-1 headquarter and establishment numbers. Educational institutions will use their Integrated Postsecondary Education Data System (IPEDS) unique identification number to certify and new companies that have not yet filed an EEO-1, must contact the OFCCP’s Help Desk (1-800-397-6251) before they can register. The Contactor Portal provides instruction guides, videos and FAQS to assistant contractors as they navigate the certification process.

Are you unsure if your company is a “covered” federal contractor or subcontractor? Below are the basic jurisdictional thresholds for contractors/subcontractors required to certify:
 

• Under EO 11246[2] – Supply, Service
  • 50 or more employees, and
  • A contract of $50,000 or more
     
• Under Section 503 of the Rehabilitation Act of 1973[3] – Supply, Service, or Construction
  • 50 or more employees, and
  • A contract of $50,000 or more
     
• Under VEVRAA – Supply, Service, or Construction
  • 50 or more employees, and
  • A contract of $150,000 or more

When certifying affirmative action plans be sure to have the appropriate individual from the company complete the certification. This individual must be able to:
 

• Represent, on behalf of the company, the information provided to the Government is true and correct to the best of their knowledge, an
• Acknowledge that any false statements made to the Government are subject to penalties prescribed by 18 U.S.C. 1001.
   

Notably, the consequences of non-compliance with EO 11246, VEVRAA, or the Rehabilitation Act are substantial. The contractor/subcontractor may be subject to sanctions, penalties, civil and criminal liabilities to include:
 

• Debarment;
• Contract termination, cancelation, or suspension in whole or in part; and
• Civil and/or Criminal action initiated by the Department of Justice.
   

If you have any questions or concerns about your status as a federal contractor, the affirmative action plan certification process, or the OFCCP Portal, please reach out to our Michael Best team for assistance.