OFCCP Contractor Portal Updates: AAP Verification

2022 will be the first year supply & service contractors will certify to OFCCP that they have pr...



2022 will be the first year supply & service contractors will certify to OFCCP that they have prepared and maintained affirmative action programs for each of their establishments. 

This blog will be updated as we learn more from OFCCP. 

1/18/2022 Update:

OFCCP is hosting a webinar on February 1, 2022 at 2:00 p.m. EST on the registration process for the new Contractor Portal. The Contractor Portal will allow multiple users from an individual organization to each register, manage records, and certify establishments.

During this webinar, OFCCP will cover: 

  • The mission of OFCCP
  • An overview of the Contractor Portal
  • A demonstration on how your company can register and update records on the platform
  • A question and answer session

To attend the webinar on February 1, 2022 at 2:00 p.m. EST register using this WebEx link.

You can also contact OFCCP with any questions and/or comments about the Contractor Portal at OFCCPAppsSupport@dol.gov.

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1/6/2022 Update:

In response to an informal help desk inquiry, OFCCP recently answered a series of questions about the new verification process that shed more light on how the system will work.

The timeline for the 2022 certification process calls for contractors to register for access to the new portal beginning February 1, 2022, and to certify compliance between March 31 and June 30, 2022. What we know is that contractors will also be submitting their 2021 EEO-1 reports to the EEOC in the same time period, with the EEO-1 filing report window tentatively opening April 12, 2022 and closing on May 17, 2022 this year.

Unfortunately, it does not appear that the pre-populated information in the OFCCP’s Contractor Portal will align with a contractor’s most recent EEO-1 reports, or even its 2020 EEO-1 Reports. Instead, in response to a question from a contractor about the information that will be pre-populated in the Contractor Portal, the OFCCP recently stated:

Currently the 2018 version of the EEO-1 report is being used as the base data for pre-populating the employers establishment information in the Contractor Portal during the registration process.

What exactly does this mean? For some contractors, it may mean that a contractor representative will need to manually update the pre-populated establishment data in the OFCCP’s system before being able to certify compliance. This could include updating information about new or closed establishments, as well as possibly adding or deleting establishments that were impacted by merger, acquisition or other corporate activity since the 2018 EEO-1 reports were filed. For some contractors, this process may be quite cumbersome and time consuming so contractors should factor this possibility into their certification project plan.

In response to the informal help desk inquiry, OFCCP also confirmed the following:

  • Large contractors will be able to use a “Select All” check mark to certify compliance for multiple entities/establishments.
  • The Contractor Portal will not be a publicly-searchable database. According to the OFCCP, when a registered user logs in, they “will be presented with the "Certification Status" of all establishments/business units” that fall under the parent company of the registered user.

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12/2/2021 Update:

The OFCCP took another step today towards requiring annual AAP certifications by federal contractors and subcontractors. In August, the Office of Management Budget approved OFCCP’s request to require federal contractors to certify, on an annual basis, the development and maintenance of their affirmative action programs (“AAPs”). On December 2, 2021, the OFCCP announced a timeline for the first required certification, including release of an online Contractor Portal which federal contractors must use for the certification process. This portal will also be used in audits for the submission of AAPs to OFCCP.

The OFCCP intends to send an email to contractors who have updated/available information to invite them to register, once open. The timeline for 2022 is as follows:

  • February 1, 2022: Existing contractors may start registering for access to the new portal.
  • March 31, 2022: Certification feature will be available for contractors to certify AAP compliance.
  • June 30, 2022: Deadline for contractors to certify for each establishment and/or functional unit, as applicable.

The OFCCP has also created a Contractor Portal Landing Page as well as Frequently Asked Questions (FAQ’s). Included on the contractor portal landing page are sections for How-To-Videos and User Guide and References. Both of these sections show as “Coming Soon”. The FAQs currently include two sections: general and registration. The general section answers questions about what the portal is, why OFCCP requires its use, who has to use it, where contractors can find resources on developing AAPs, whether using the portal will exempt a contractor from compliance evaluations (the answer is “No”), and describes measures taken to ensure security of information submitted. Then, the registration section shows a series of six questions/answers regarding the how, when and who of gaining access and users for the portal. What the web page has NOT published is a view of the contractor information in the portal or the required certification or AAP upload pages.

As more information becomes available about the OFCCP’s AAP verification process, we will post it here. For now, all contractors should ensure that their annual AAPs are timely prepared so that they can certify compliance by the deadline. Contractors with plan dates near the verification deadline, such as contractors who utilize a June 1 plan date, should consider early certification (i.e., between March 31 and May 31, 2022).

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9/1/2021 Update

OFCCP’s Affirmative Action Program Verification Interface, which will require federal contractors to certify that they have affirmative action programs in place for covered establishments, was approved by the Office of Management and Budget (OMB) on August 31, 2021. As part of the approval, two user guides - Admin GuideFederal Contractor User Guide – were also released.  These guides provide detailed information about how federal contractors will certify their affirmative action compliance.

OFCCP’s verification website, is not yet live, but contractors will have 90 days to certify their compliance once the verification portal is available. We will provide more detailed information about this development over the coming days as we digest the new user guides. In the meantime, now is the time to ensure that your organization can certify that it has a current affirmative action program for all covered establishments.

Lynn A. Clements, Director, Audit and HR Services
Lynn A. Clements, Director, Audit and HR Services
As Director Audit and HR Services for Berkshire, Lynn provides guidance on regulatory strategies, and conducts analyses and expert interpretation of Office of Federal Contract Compliance Programs (OFCCP) policies and requirements.

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