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On March 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that it will open its online Contractor Portal tool on March 31, 2023, for federal contractors and subcontractors to certify their compliance with Affirmative Action Program (AAP) requirements. Existing contractors must certify compliance through the portal by June 29, 2023. OFCCP stated that contractors must also now provide the coverage period for AAPs when certifying through the portal.

Covered federal contractors and subcontractors must develop and maintain AAPs and certify compliance annually. According to OFCCP, existing contractors that have not certified their compliance by June 29, 2023, will be more likely to be placed on the agency’s scheduling list for a potential compliance evaluation (audit).

New contractors must register and certify compliance through the portal within ninety days of developing their AAPs. The portal will remain open past the June 29 deadline for this purpose.

Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group will continue to monitor developments with respect to AAPs and will post updates on the Affirmative Action / OFCCP blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.

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OFCCP Compliance, Government Contracting, and Reporting

The experienced attorneys in our OFCCP Compliance, Government Contracting, and Reporting Practice Group advise and defend federal contractors and subcontractors on jurisdictional, compliance, and enforcement issues relevant to government contracting, including those involving the Office of Federal Contract Compliance Programs (OFCCP).

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