On December 2, 2021, OFCCP introduced that its Affirmative Motion Program Verification Interface (additionally known as the Contractor Portal) is now operative. Via the Contractor Portal, federal authorities provide and repair contractors and subcontractors shall be required to certify on an annual foundation that they’ve developed and maintained affirmative motion plans (AAP) for every of their institutions or practical items. Development contractors aren’t required to certify compliance or register for the Contractor Portal.
Starting February 1, 2022, contractors will be capable of register their firms by the Portal. The AAP certification interval will then start on March 31, 2022, and contractors and subcontractors should full the certification by June 30, 2022. OFCCP has issued FAQs on the Portal and also will be issuing a consumer information within the upcoming months to supply contractors with further info concerning registration and the certification course of. The certification requirement applies to each establishment-based and practical affirmative motion plans (FAApPs).
Though it isn’t clear whether or not a contractor’s failure to make the required certification will flag the contractor to endure an OFCCP compliance analysis, the certification requirement seems to lift the stakes for contractors and subcontractors to make sure their compliance with the affirmative motion plan requirement. Some firms doing enterprise with the federal authorities or with a authorities contractor could not notice that they’ve a federal authorities contract or subcontract that’s topic to OFCCP’s equal alternative clause and the AAP requirement. Notably, OFCCP’s laws present that the equal alternative clause is deemed to be included in all coated contracts or subcontracts, no matter whether or not the clause is explicitly integrated within the precise contract doc. Accordingly, contractors probably topic to the AAP requirement (usually, these with federal contracts or subcontracts exceeding $50,000 in worth and 50 or extra staff) ought to fastidiously contemplate whether or not they’re required to implement an AAP, and accomplish that, forward of the upcoming certification requirement.
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