The Office of Federal Contract Compliance Programs (OFCCP) announced that the third cycle of their certification portal will open in April, and service contractors have until July 1 to submit their required certification.
Federal contractors and subcontractors must ensure their affirmative action plans comply at the federal level.
The Requirements
For some background, the first certification deadline was announced in 2022. This required complaint affirmative action plans of federal contractors and subcontractors for their physical locations. In 2023, it was required to provide starting dates for affirmative action plans. Now, this year, existing contractors and subcontractors must complete their certifications through OFCCP’s Contractor Portal by the deadline.
If a federal contractor or subcontractor fails to meet this deadline, it could cause an audit by the agency. Even the schedule that OFCCP published for previous audit cycles explicitly included those contractors who did not complete their certification processes.
How will a company know they are uncertified? There are two main criteria for OFCCP to consider a company uncertified: failing to certify compliance through the portal and any certifying that doesn’t include a developed or maintained affirmative action plan.
It’s important to note that all new federal contractors are given 120 days after becoming eligible federal contractors to develop their affirmative program. Additionally, within 90 days, new contractors must certify their affirmative action programs through the contractor’s portal.
How to Prepare
Federal suppliers and service providers should review affirmative action programs before July 1 to ensure they are compliant and have a plan in place.