Certification will inform OFCCP if a sub/contractor has the required affirmative action programs and portal will be used for AAP submissions during an audit

The OFCCP has issued an Information Collection Request seeking comments on “an annual Affirmative Action Program online certification process for federal contractors.” If approved the online portal would be called the Affirmative Action Program Interface, or AAP-VI and will provide contractors with a “secure method” for submitting affirmative action plans during a compliance evaluation. The AAP-VI will allow the agency “to run a comprehensive and informative report identifying the AAP status of covered federal contractors.”

On an annual basis the OFCCP will require contractors and subcontractors to certify one of the following, based on the requirements identified in 41 CFR Chapter 60:

• Entity has developed and maintained affirmative action programs at each establishment, applicable, or for each functional or business unit.
• Entity has been party to a qualifying federal contract or subcontract for 120 days or more and has not developed and maintained affirmative action programs at each establishment, as applicable.
• Entity became a covered federal contractor or subcontractor within the past 120 days and therefore has not yet developed applicable affirmative action programs.

So that contractors are aware of these requirements, OFCCP will send out an email to each known contractor establishment meeting the monetary and employee thresholds requiring the development of an AAP.

Since OFCCP may not have thought of all the nuances involved in this reporting, it is important to submit comments by November 13, 2020.