As many federal contractors and subcontractors know, the date for covered entities to certify compliance with their annual affirmative action plan requirements using the Contractor Portal of the Office of Federal Contractor Compliance Programs (OFCCP) was June 29, 2023. On or before that date, and each year annually, such entities must certify compliance as it relates to covered establishments and/or functional/business units; such entities are certifying that they have developed and maintain an affirmative action plan for each such establishment or unit. The OFCCP’s Contractor Portal opened March 31, 2023, and remained open until June 29, 2023.
Via email bulletin on June 30, 2023, the OFCCP reiterated that the deadline for certification for 2023 was June 29, 2023 and had not been extended. The agency also stated that it “will consider a contractor’s registration and/or certification timely if the contractor has a pending request for assistance as of June 29, 2023” and stated that the OFCCP’s Portal Technical Help Desk is open and available to answer questions and provide assistance. The OFCCP also reiterated that it provides a user guide and frequently asked questions on its website in addition to providing assistance through the OFCCP Contractor Portal Technical Help Desk.
Previously, the OFCCP clarified that certain contractors who do not timely comply (including those that have not used the Contractor Portal to do so) are more likely to be audited by the agency and that those that have not certified timely may be included in a list provided to federal agency contracting officers, with the stated purpose being that the agencies will then notify the contractors of their obligations. Therefore, contractors that have not complied with the affirmative action requirements or have complied but not certified such compliance using the OFCCP’s Contractor Portal, should do so as soon as possible. Contractors that have questions about registration, certification, coverage under the law, and similar issues may wish to contact competent counsel.