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OFCCP – Federal Contractor Compliance Affirmative Action

The Office of Federal Contract Compliance Program (‘OFCCP”) is ramping up efforts to enforce compliance with affirmative action programs.

In March 2022, OFCCP required federal service contractors to register and certify by June 30, 2022 compliance with the Affirmative Action Program requirements in their OFCCP Contractor Portal.

In August 2022, OFCCP launched the Notification of Construction Contract Award (“NCAP”) OFCCP states:

NCAP provides contracting officers, contractors, and applicants seeking federal assistance for construction projects (such as state Departments of Transportation), a more efficient and secure electronic means to submit a notice to OFCCP within 10 working days of an award of a federal or federally assisted construction contract or subcontract in excess of $10,000. These notification requirements can be viewed at 41 CFR 60–4.2.

Prior to the establishment of NCAP, OFCCP published a detailed Construction Contractor Technical Assistance Guide (“TAG”) which outlines all the EEO and affirmative action program requirements that apply to direct federal (and federally assisted) construction contractors and subcontractors. 

OFCCP also sought and received clearance to move forward with its construction contractor "compliance check" program and in September 2020 published a Corporate Scheduling Announcement List (CSAL) containing a list of 200 construction contractors. This was the first time that construction contractors were included on a CSAL. Being the only kind of audit for which an OMB-approved scheduling letter existed at the time, the construction contractors appearing on the FY 2020 CSAL were all identified for "compliance check" reviews.

It is reasonable to expect OFCCP to increase enforcement of affirmative action requirements on construction contractors, especially as the federal infrastructure spending is rolled out.

Our firm can assist you with OFCCP compliance requirements.

About the author

Elizabeth H. Connally

Elizabeth H. Connally

Connally Law, PLLC, San Antonio, Texas

Ms. Connally is the Managing Shareholder of Connally Law, PLLC, San Antonio, Texas.  She is licensed to practice law in OH, DC, HI and TX and is a former warranted Contracting Officer for the U.S. Dept. of State (“DOS”), where she handled contracts for the DOS’ largest procurement office in Frankfurt, Germany. Ms. Connally counsels clients in the areas of SBA and VA certifications and compliance as well as construction contracts, government contracts and DOL-related compliance issues.