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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<a title="" href="#_ftn1" name="_ftnref1">[1]</a>, 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 <a href="https://www.dol.gov/agencies/ofccp/contractorportal">Contactor Portal</a> 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 <a href="https://www.dol.gov/agencies/ofccp/contractorportal">Contactor Portal</a> provides instruction guides, videos and FAQS to assistant contractors as they navigate the certification process.

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Are you unsure if your company is a “<a href="https://www.dol.gov/sites/dolgov/files/ofccp/posters/Infographics/files/JurisdnThresholds-7_ENGESQA508c.pdf">covered</a>” federal contractor or subcontractor? Below are the basic jurisdictional thresholds for contractors/subcontractors required to certify:

Under EO 11246<a title="" name="_ftnref2" href="#_ftn2">[2]</a> – Supply, Service

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Under Section 503 of the Rehabilitation Act of 1973<a title="" name="_ftnref3" href="#_ftn3">[3]</a> – Supply, Service, or Construction

Under VEVRAA – Supply, Service, or Construction

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 <a href="https://www.law.cornell.edu/uscode/text/18/1001">18 U.S.C. 1001.</a>

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:

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.

Contract termination, cancelation, or suspension in whole or in part; and

Civil and/or Criminal action initiated by the Department of Justice.

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<a title="" href="#_ftnref1" name="_ftn1">[1]</a> Regardless of the July 1, 2024, deadline, new contractors will have 120 days from the date they become “covered” contractors to develop and implement their affirmative action programs and will need to certify via the OFCCP Contractor Portal within 90 days of developing their affirmative action program.

<a title="" href="#_ftn2" name="_ftnref2">[2]</a> Under EO 11246 – Companies whose sole coverage come from construction contracts or federally assisted construction contracts are not required to develop an AAP, but they must comply with 16 specific affirmative actions outlined in the EO construction contract clause.

<a title="" href="#_ftnref3" name="_ftn3">[3]</a> Businesses with a federal contract of $15,000 are required to treat qualified individuals with disabilities without discrimination in all employment practices and to take affirmative action to employ and advance in employment individuals with disabilities.

Person typing on a laptop with a transparent digital checklist graphic displayed above the keyboard.

Farrah N.W. Rifelj

Holly E. Courtney

Labor & Employment

Office of Federal Contract Compliance Programs (OFCCP) Opens Portal for Contractors to Certify Affirmative Action Plan Compliance – July 1, 2024, Deadline

Office of Federal Contract Compliance Programs (OFCCP) Opens Portal for Contractors to Certify Affirmative Action Plan Compliance – July 1, 2024, Deadline

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