The Office of Federal Contract Compliance Programs’ (“OFCCP”) deadline for covered federal contractors to certify Affirmative Action Program (“AAP”) compliance for this year is June 29, 2023.  Covered federal contractors and subcontractors have until that date to certify AAP compliance in OFCCP’s Contractor Portal.

Supply and service contractors and subcontractors who meet certain jurisdiction thresholds are required to use the Contractor Portal to register and certify their AAP compliance. Generally, contractors that hold at least one contract with the federal government of $50,000 or more and employ 50 or more employees must develop and maintain an AAP pursuant to Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973.  If a contractor has at least 50 employees and a federal contract of $150,000 or more, then it must also develop an AAP pursuant to the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

When certifying compliance with the AAP requirements through the Contractor Portal, a contractor is certifying whether it has developed and maintained the following AAP components:

  1. The Executive Order 11246 AAP contents, including required annual analyses, described in Subpart B or 41 C.F.R. 60-2;
  2. The VEVRAA AAP contents, including required annual analyses, described in Subpart C of 41 C.F.R. 60-300; and
  3. The Section 503 AAP contents, including required annual analyses, described in Subpart C of 41 C.F.R. 60-741.

Covered contractors must develop an AAP within 120 days of entering a federal contract or subcontract.  Contractors who became a covered federal contractor or subcontractor within the past 120 days have 90 days from the development of their AAP to access the Contractor Portal and update their certification.

To mitigate OFCCP scrutiny, it is imperative that all covered federal contractors certify in the Contractor Portal by June 29, 2023. You may visit OFCCP’s Federal Contractor User Guide for more information on how to access and use OFCCP’s Contractor Portal. If you have questions regarding AAP compliance, please contact Fluet’s Government Contracts team.

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