On March 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Contractor Portal for federal contractors and subcontractors to certify compliance with their affirmative action plan (AAP) obligations will open on March 31, 2023, with contractors and subcontractors having until June 29, 2023, to submit the required certification. 

This is the second year of OFCCP’s annual certification requirement. As for 2022, contractors must again certify that they have developed and maintained Affirmative Action Compliance for each of their workplace establishments or functional/business units, as applicable.  This year, contractors and subcontractors must also disclose the start date of their AAP coverage period.  OFCCP is seeking to add weight to the certification requirement, as the agency’s announcement indicates that contractors who fail to certify compliance (due to either failing to complete the certification or stating in the certification they have not complied) “will be more likely to appear on OFCCP’s scheduling list” for annual compliance evaluations.

The certification requirement applies to existing federal contractors. Entities that newly become federal contractors or subcontractors have 120 days to develop an AAP and must certify compliance through the Contractor Portal within 90 days.