November 30, 2022

Volume XII, Number 334


November 29, 2022

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November 28, 2022

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OFCCP Launching Another Online Portal, This Time for Construction Contractors

On August 22, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced it will launch a new online platform whereby “contracting officers, contractors, and applicants seeking federal assistance for construction projects (such as a state [Department of Transportation])” can securely upload details about an awarded federal or federally-assisted construction contract or subcontract. OFCCP intends to launch this platform, called the Notification of Construction Contract Award Portal (NCAP), on August 26, 2022.

Currently under the regulations, written notice must be provided to OFCCP’s Director within 10 working days of being awarded a covered contract.  In general, a covered contract is a federal or federally-assisted construction contract in excess of $10,000.  OFCCP intends NCAP to be a more modern, secure, and efficient way, for contractors to submit this notice.

More details about NCAP will be forthcoming, but OFCCP included some specifics in its announcement, including that contractors will be able to upload details about “contract value, estimated start and completion dates of the contract, contact information, the contract awarding entity, the contract receiving entity, and contract place(s) of performance.” Presumably OFCCP’s reference to “contract information” or “contract receiving entity” would include the name, address and telephone number of the contractor, the contractor’s employer identification number, and the contract number, which are also required by 41 C.F.R. §60-4.2(c).

OFCCP’s announcement noted that NCAP would make it easier to submit this required information and, in turn, would provide OFCCP with more timely and complete information, while also “play[ing] a critical role in enabling OFCCP to more efficiently schedule and perform compliance reviews.”

Along with its announcement of a new platform, OFCCP launched a webpage dedicated to NCAP. This webpage offers a brief overview of NCAP and provides links to resources that will be coming soon, including a frequently asked questions page, how-to videos, and a user guide. OFCCP will also be conducting a webinar on August 26, 2022, at 2:00 pm EDT.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 236

About this Author

Of Counsel

Christopher (“Chris”) Near works closely with employers to provide advice and representation on employment-related issues that may arise under state or federal statute, regulation, or common law, with a focus on federal and South Carolina law. Chris also provides companies with guidance on handling day-to-day personnel matters and offers advice generally with implementing best practices for employment matters that arise in the normal course of business.

Christopher focuses in: 

  • Litigation
  • ...
Morgan Epperson Labor Attorney

Morgan represents employers in a broad range of labor and employment law matters, defending clients against claims of discrimination, harassment, retaliation, and wage and hour violations.

Before joining Ogletree, Morgan graduated from the University of Alabama School of Law, where she served on the Alabama Law Review, the National Labor and Employment Moot Court Team, the Moot Court Board, and Bench and Bar Legal Honor Society. During law school, Morgan clerked at Ogletree’s Birmingham office and interned at both the United States District Court for the Northern District...

T. Scott Kelly, Defense Contracting Attorney, Shareholder, Ogletree Deakins Law firm

Scott Kelly provides practical solutions for federal contractors and subcontractors across the United States to comply with the ever-changing affirmative action obligations imposed by doing business with the federal government.  He advocates on behalf of his clients in compliance evaluations and administrative enforcement actions triggered by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).  Mr. Kelly assists manufacturing, transportation, construction, food processing, hospitality, healthcare, and financial institutions...