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15 April 2024

OFCCP AAP Certification Contractor Portal Is NOW OPEN

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Foley & Lardner

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Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
On March 25, 2024, the U.S. Department of Labor (DOL) issued its annual notice that the Office of Federal Contract Compliance Programs (OFCCP) Contractor Portal...
United States Government, Public Sector
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On March 25, 2024, the U.S. Department of Labor (DOL) issued its annual notice that the Office of Federal Contract Compliance Programs (OFCCP) Contractor Portal, for certification of contractor affirmative action program compliance, will be open beginning on April 1, 2024. The OFCCP is the DOL agency responsible for ensuring that those who do business with the federal government are complying with the legal requirement to take affirmative action and not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a protected veteran.

According to the notice, "[c]overed federal contractors and subcontractors must use the Contractor Portal to certify, on an annual basis, whether they have developed and maintained an AAP [(Affirmative Action Program)] for each establishment and/or functional/business unit, as applicable." Certification is required by July 1, 2024, for all current contractors. New contractors have 120 days to develop their AAPs and are required to register and certify compliance via the portal within 90 days of developing their AAPs; for this reason, the portal will remain open this year after the June 29 certification date.

As a reminder, a "covered" contractor or subcontractor — one that is required to develop and maintain an AAP — includes any business that has 50 or more employees and a contract with a federal agency or department of $50,000 or more (for Plans under Executive Order 11246, addressing minorities and women) and Section 503 of the Rehabilitation Act of 1973 (Section 503, addressing persons with disabilities), and/or $150,000 or more (for Plans under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), addressing protected veterans).

In the past, the DOL has warned that those contractors who fail to certify by the July 1 deadline will be "more likely to appear on OFCCP's scheduling list" for a compliance audit. Copies of the compliance scheduling lists (CSALs) can be accessed here. The FY2023 (Release 1 and Release 2) CSAL for Supply & Service contractors contains 500 business sites. It is therefore strongly recommended that all federal contractors and subcontractors carefully review the CSALs when released to determine whether their business is likely to be subject to an OFCCP audit this year. If an audit is likely, then a review of the latest Audit Scheduling Letter and Itemized Listing will provide them with the list of information that the OFCCP will request in conducting its desk audit review.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
15 April 2024

OFCCP AAP Certification Contractor Portal Is NOW OPEN

United States Government, Public Sector

Contributor

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
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