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.
Contractors “must certify whether they are meeting their requirement to develop and maintain annual AAPs.” While OFCCP has yet to give specific guidance regarding what counts as “developing and maintaining” – this probably means more than just having an Affirmative Action Plan on the shelf without having completed the required additional elements like the annual Protected Veteran & IWD self-audit or analysis of compensation system(s) for race/ethnicity and gender-based disparities. Implementing those required elements of the affirmative action plan would seem to get closer to their aim here. This will be updated as more information is posted on OFCCP’s FAQ page.
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).
OFCCP does not (as of yet) qualify the certification statement to indicate which AAP cycle you are certifying is complete. As long as you are timely (say, complete within a couple months or so) in your development of annual Affirmative Action Plans, you can certify that you develop & maintain your AAP(s). Also make sure to conduct 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.
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.
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.
Yes. Supply and service contractors and subcontractors who meet certain jurisdiction thresholds are required to use the Contactor Portal to register and certify their AAP compliance. Specifically, contractors that hold a contract of $50,000 or more and employ 50 or more employees must develop and maintain AAPs pursuant to Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973. If a contractor has at least 50 employees and a contract of $150,000 or more, then it must also develop an AAP pursuant to the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.