What is the OFCCP Contractor Portal and AAP certification?
Federal Regulations at 41 CFR § 60-1 give the Office of Federal Contract Compliance Programs (OFCCP) the ability to require covered contractors to annually certify that they are meeting their affirmative action obligations under Executive Order 11246. The OFCCP Contractor Portal has been created as an online mechanism for certification as well as other OFCCP compliance activities.
Who needs to certify?
Federal contractors and subcontractors must register and annually certify whether they have developed and maintained an AAP for their establishment(s) subject to OFCCP’s jurisdictional thresholds.
When do I need to certify?
Registration for the portal will begin February 1, 2022.
Certification must be completed between March 31, 2022, and June 30, 2022.
Where do I certify?
Contractors must first create a Login.gov account using an email and a secure password for entry into the portal. With that account, you will then create an account on OFCCP’s portal with your Employer Identification Number (EIN) and EEO-1 Headquarter/Company Number and Establishment/Unit Number(s).
My AAPs are current and I’m in the middle of my AAP period. Is there anything else do I need to do?
Yes. Ensure your Company has conducted the annual Protected Veteran and Individuals with a Disability self-audit, analyses of your compensation system for race/ethnicity and/or gender-based disparities and remedied any known areas of noncompliance. The self-audit and annual action checklist can be downloaded from Kairos’ Client Portal.
What happens if I certify but I am not fully compliant (not conducting the self-audit, compensation analysis, etc.)?
Maintaining an AAP means more than checking off the box once a year– there are requirements, such as those described above, which require more action on your part. The certification on the Contractor Portal will read “I certify that the information that has been provided as a part of our affirmative action plan (AAP) certification is true and correct to the best of my knowledge. I also understand that any attempt to refuse to submit an AAP certification, alteration or falsification of required records of administrative or judicial enforcement proceedings.”
Knowingly making false statements in writing to the government is no laughing matter. Title 18 of the U.S. Code § 1001 (a) (1-3) states that individuals that knowingly and willfully make any materially false, fictitious, or fraudulent statement or representation shall be fined or imprisoned. Put your mind at ease by ensuring you’re fully compliant.
What happens if I refuse to certify?
Not only does OFCCP classify refusal to submit an AAP certification as grounds for the institution of administrative or judicial enforcement proceedings, but it will also put such contractors at the top of its list when determining who to audit. This increases your risk of audit and additional enforcement activity that could jeopardize your company’s current and future federal contracts.
Am I exempt from audits if I certify?
No. Certification will not exempt contractors from compliance evaluations.
Can a contractor have multiple users register for the Contractor Portal?
Yes, a contractor can have multiple users register for the Contractor Portal.
During registration, can contractors update information about their company through the Contractor Portal?
Yes. The Contractor Portal allows contractors to edit information about their company.