Earlier this year the Office of Federal Contract Compliance Programs (OFCCP) required contractors and subcontractors subject to Affirmative Action regulations to certify their plans, attesting that their organization is meeting their AAP compliance requirements. The deadline for certification was June 30, 2022.
Although the OFCCP has not extended the deadline, it has announced additional information for organizations that have not yet certified their AAPs through the Contractor Portal. The OFCCP has stated that organizations that have not certified their AAPs through the OFCCP Contractor Portal by September 1, 2022, will face additional consequences.
While organizations who did not certify by June 30 will be more likely to appear on a schedule for auditing, organizations who do not certify by September 1 will also have their information included on a list provided to their contracted federal agencies, notifying the agency of the contractor’s non-certification status for assistance with compliance.
Other penalties for non-compliance include requiring the contractor to enter into a conciliation agreement, withholding payments due under the federal contract, cancelling or terminating the contract, or even potentially disbarring the contractor.
September 1 is fast approaching so if you are a covered contractor and have not certified your plan, you need to take immediate steps to get this completed by that date.
If you have any questions, please reach out to us.