October 5, 2022

Volume XII, Number 278


October 05, 2022

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October 04, 2022

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October 03, 2022

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Deadline Not Clear for Covered Contractors to Register and Certify Affirmative Action Program Compliance in New OFCCP Contractor Portal

The Office of Federal Contract Compliance (“OFCCP”) in the Department of Labor recently launched a new contractor portal to track Affirmative Action Program (“AAP”) compliance by covered contractors.1  Originally, covered contractors had to certify AAP compliance by June 30, 2022.  However, there have been some discrepancies in the OFCCP contractor portal concerning the inclusion of contractor establishments of less than 50 people.  An extension has not been announced by the OFCCP, but it appears covered contractors will have more time to complete the AAP certification process in the new contractor portal due to the uncertainty surrounding these issues.

The OFCCP is responsible for ensuring compliance with several AAP requirements mandated by Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. 

Generally, a service or supply contractor is considered covered and required to develop a particular written AAP if they have at least 50 employees and a single government contract of $50,000 or more.  The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 has a higher AAP threshold of 50 employees and a single contract of $150,000 or more.

Contractors who meet AAP threshold requirements will be required to register and certify compliance in the new OFCCP contractor portal.  Contractors will then be required to certify annually thereafter, whether they are meeting applicable AAP requirements.

With the new portal, it appears contractors may be subject to increased monitoring and scrutiny by the OFCCP of their compliance with AAP requirements.  Please contact us if you have questions concerning compliance with OFCCP requirements.


1Covered contractors include prime contractors and subcontractors at every tier.

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume XII, Number 194

About this Author

Daniel Petkoff Associate Government Contracts Attorney Polsinelli law firm

As an associate in the Government Contracts practice, Dan Petkoff advises clients on procurement and compliance matters. He assists on a wide variety of government contracting issues, including negotiations, contract compliance, disclosures, bid protests, requests for equitable adjustment, claims, contract pricing and contractor disputes. 

As part of his government contracts practice, Dan also advises clients regarding labor and employment disputes, collective bargaining agreement negotiations and compliance with the Foreign Corrupt Practices...

Gregory S. Jacobs, Shareholder | Practice Chair, DC, Government Contracts International International Trade
Shareholder | Practice Chair

Companies turn to Greg Jacobs for help with all aspects of their government contracts and national security legal needs.

Greg is the Chair of Polsinelli’s Government Contracts Group. An experienced litigator, Greg leads trial teams in cases before the Boards of Contract Appeals and in state and federal courts. Greg also has extensive bid protest experience before the Government Accountability Office and Court of Federal Claims. In addition, Greg counsels government contractors and grantees on transactions, compliance matters, and mandatory and voluntary disclosures. 


Erin Felix, Associate, Polsinelli

Erin Felix learned the government contracts industry from the inside out. For 15 years prior to practicing law, Erin managed government and commercial contracts and subcontracts for one of the largest defense contractors in the United States. This unique, hands-on experience in the government contracts industry allows her to ‘speak the client’s language’ and gives her an intimate understanding of contractors’ business priorities and challenges. Clients value Erin’s practical approach to problem resolution and the innovative ideas she brings to the table. 

Erin counsels government...

Holly Roth Shareholder D.C. Government Contracts Litigation Polsinelli PC

With over 30 years of government contracts experience, Holly Roth focuses her practice on a wide range of counseling and litigation relating to federal, state and local government procurement matters as well as federal assistance agreements and grants. She advises clients on compliance programs, protests, claims, disputes, Office of Inspector General audit and investigation responses and proposed suspensions and debarments. In addition, she advises clients on regulations that govern civilian and DoD agencies’ acquisition of technology, both commercial and developmental,...