OFCCP Reiterates Intent to Provide List of Non-Compliant Contractors to Federal Contracting Officers

By: Mitchell Chamberlin

On August 29th, 2022, the Office of Federal Contract Compliance Programs (OFCCP) indicated once again that it will provide a list of federal contractors and subcontractors that have not certified compliance in OFCCP's Contractor Portal to federal agency contracting officers.  According to OFCCP, the intent of doing so is to “…enable contracting agencies to notify contractors of their certification obligations, thereby assisting OFCCP in securing compliance.”   

While the deadline for contractors to certify compliance in the Contractor Portal was June 30, 2022, the Contractor Portal remains open for employers to register and certify.  However, contractors that have not yet registered and/or certified in the Contractor Portal have until September 1, 2022, to do so in order to avoid being included in the list that OFCCP provides to federal agency contracting officers. 

There has been a measure of confusion regarding the various dates and deadlines associated with the Contractor Portal.  As mentioned previously, the true deadline to register and certify compliance with federal affirmative action regulations was June 30, 2022.  Contractors that certified on July 1st or later are more likely to be included in future Corporate Scheduling Announcement Lists (CSALs) than contractors that had done so on time.  However, OFCCP has specifically mentioned that Contractors with an unresolved Help Desk request that was filed prior to the June 30th deadline would not be considered as registering and certifying late, as we previously reported.   

Contractors and subcontractors that have not registered and certified in the Contractor Portal should do so as quickly as possible to avoid being included in the list OFCCP provides to federal agency contracting officers.  If your organization needs assistance with registering and certifying in the Contractor Portal, please reach out to us as soon as possible. 

DCI will continue to monitor OFCCP news and regulations as they occur.  

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