These Frequently Asked Questions are offered to foster a better understanding of OFCCP’s new Affirmative Action Program Verification Interface (AAP-VI), referred to as the “Contractor Portal.” The Contractor Portal enables OFCCP to monitor and promote contractor compliance through an annual Affirmative Action Program (AAP) certification requirement and will be a tool for scheduled contractors to upload their AAP(s) electronically for OFCCP’s review.

GENERAL

  1. What is the Contractor Portal?
  2. Why is OFCCP requiring contractors to use the Contractor Portal?
  3. Who is required to use the Contractor Portal?
  4. Are construction contractors required to use the Contractor Portal?
  5. Where can contractors get resources and guidance on how to develop AAPs?
  6. Will certifying compliance through the Contractor Portal exempt a contractor from compliance evaluations?
  7. What measures has OFCCP taken to ensure contractor data is secure?

REGISTRATION

  1. How can a contractor register for the Contractor Portal?
  2. When should a contractor register for the Contractor Portal?
  3. When can contractors begin to certify their compliance?
  4. Are contractors that have Functional Affirmative Action Program (FAAP) agreements required to use the Contractor Portal?
  5. Can a contractor have multiple users register for the Contractor Portal?
  6. During registration, can contractors update information about their company through the Contractor Portal?

GENERAL

1. What is the Contractor Portal?

The Contractor Portal is a new OFCCP platform where covered federal contractors and subcontractors (“contractors”) must certify whether they are meeting their requirement to develop and maintain annual AAPs. Scheduled contractors will also be able to use the portal to upload their AAP(s) during a compliance evaluation.

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2. Why is OFCCP requiring contractors to use the Contractor Portal?

In Report 16-750, Equal Employment Opportunity: Strengthening Oversight Could Improve Federal Contractor Nondiscrimination Compliance, the U.S. Government Accountability Office determined that "OFCCP has no process for ensuring that the tens of thousands of establishments that have signed a qualifying federal contract have developed an AAP within 120 days of the commencement of the contract, or updated it annually." OFCCP implemented the Contractor Portal with the objective of ensuring that all covered contractors are meeting their obligation to develop and maintain written AAPs.

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3. Who is required to use the Contractor Portal?

Supply and service contractors and subcontractors who meet certain jurisdiction thresholds are required to use the Contactor Portal to register and certify their AAP compliance. Specifically, contractors that hold a contract of $50,000 or more and employ 50 or more employees must develop and maintain AAPs pursuant to Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973. If a contractor has at least 50 employees and a contract of $150,000 or more, then it must also develop an AAP pursuant to the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. For more information, please see the OFCCP Jurisdiction Thresholds Infographic.

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4. Are construction contractors required to use the Contractor Portal?

OFCCP is currently only requiring annual certification for supply and service contractors. Contractors that are only construction contractors and not also supply and service contractors are not required to certify compliance, and should not register for the portal.

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5. Where can contractors get resources and guidance on how to develop AAPs?

Visit the Sample AAP landing page to find illustrative examples of AAPs meeting OFCCP’s regulatory requirements. Additionally, OFCCP field staff are available to provide compliance assistance. Contact the nearest OFCCP area or district office for compliance assistance.

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6. Will certifying compliance through the Contractor Portal exempt a contractor from compliance evaluations?

No. Certification that a contractor has developed and annually updated their AAP(s) will not exempt them from compliance evaluations.

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7. What measures has OFCCP taken to ensure contractor data is secure?

The Contractor Portal is built on a Drupal platform. The developed platform is a content management system for government agencies with built-in security modules, including the following:

  • Security Kit that deals with any issue or attack concerning HTML injection;
  • Login Security that denies full access to the content;
  • Password Policy that requires passwords to be more complex;
  • Secure Login feature that enables safe login procedures and prevents user data theft; and
  • XSS Protection module that protects the website from XSS attacks.

Data is secured according to the National Institute of Standards and Technology’s Federal Information Processing Standards, which are verified by the Department of Labor’s Office of the Chief Information Officer. Additionally, OFCCP staff are required to use their Personal Identification Verification card in order to access the interface.

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REGISTRATION

1. How can a contractor register for the Contractor Portal?

Contractors can register for the Contractor Portal by creating a Login.gov account using an email and a secure password for entry into the portal. To register, Contractors will be required to enter their Employer Identification Number (EIN) and EEO-1 Headquarter/Company Number and Establishment/Unit Number.

If the Contractor does not know its EEO-1 identifiers, the Contractor will be required to enter their Employer Identification Number (EIN), Legal Business Name, DUNS Number, and NAICS Code.

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2. When should a contractor register for the Contractor Portal?

Existing contractors may register starting February 1, 2022. OFCCP strongly recommends that contractors start registering as soon as possible.

New contractors have 120 days to develop their AAP(s), and must register and certify compliance through the Contractor Portal within 90 days of developing their AAP(s).

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3. When can contractors begin to certify their compliance?

The certification features in the portal will be available March 31, 2022. By June 30, 2022, existing contractors must certify whether they have developed and maintained an affirmative action program for each establishment and/or functional unit, as applicable.

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4. Are contractors that have Functional Affirmative Action Program (FAAP) agreements required to use the Contractor Portal?

Yes. Contractors with FAAP agreements are required to use the Contractor Portal.

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5. Can a contractor have multiple users register for the Contractor Portal?

Yes, a contractor can have multiple users register for the Contractor Portal.

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6. During registration, can contractors update information about their company through the Contractor Portal?

Yes. The Contractor Portal allows contractors to edit information about their company.

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The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Last updated on December 22, 2021