On August 26, 2022, the Office of Federal Contract Compliance Programs (OFCCP) launched a new online platform, the Notification of Construction Contract Award Portal (NCAP), to modernize how the agency receives required notices about construction contract and subcontract awards.
General
- What is the Notification of Construction Contract Award Portal (NCAP)?
- Why did OFCCP develop NCAP?
- How does OFCCP define construction work?
- Why does OFCCP collect construction contract award information?
- Is any contractor, contracting officer, or applicant who has awarded a Federal or federally assisted construction contract and/or subcontract required to notify OFCCP of the award?
- Who is required to submit construction contract award notifications?
- What action is required in NCAP if a project is anticipated to receive federal funding, but has not been awarded yet?
- Will OFCCP accept construction contract award notifications outside of NCAP?
- How do I provide feedback about NCAP or suggestions for improvement?
Login and Setup
- How can I access NCAP?
- How can contracting officers, applicants, contractors, and subcontractors register for NCAP?
- What should I do if I need assistance using NCAP?
Submitting Notification of Awards
- What is the prime contract number?
- What amount should I enter into the “Dollar Amount of the Contract” field?
- What is an Employer Identification Number?
- What is a Data Universal Numbering System (DUNS) Number and when should I use it?
- What is a Unique Entity Identifier (UEI) and when should I use it?
- When is the NAICS code required for an award notification?
- What values should I provide as an awarding entity?
- What does the term “construction contractor” mean?
- What does the term “federal contracting officer” mean?
- What does the term “applicant” mean?
- What does the term “nonconstruction contractor” mean?
- What do I do if I am unsure of the estimated start and completion dates of the contract?
- Do I enter more than one NCAP Geographical area in which the contract is to be performed when work is being performed across multiple counties and/or states?
- What if the geographical area in which the contract is to be performed is in a state or territory that is not divided into counties?
- Should construction award notifications for work performed outside of the U.S. and its territories be entered into NCAP (e.g. different country, U.S. military installations overseas, etc.)?
- Will NCAP provide confirmation that my notification was received by OFCCP?
- Can I use a third party to submit subcontract award notifications to OFCCP?
- If a third-party notification is submitted, how will NCAP notify the Awarding Entity and the third party that the notification was received by OFCCP?
- What do I do if I discover an error with my NCAP submission?
- Does NCAP accept multi-award construction contracts and/or multiple award task order contracts?
- Is there any way to find out if a notification has already been submitted by another user from my organization?
- What should I do if there is a modification of an existing contract that I have already submitted into NCAP?
General
1. What is the Notification of Construction Contract Award Portal (NCAP)?
Contracting officers, applicants, and contractors are required to give written notice to the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of a Federal or federally assisted construction contract or subcontract in excess of $10,000. These requirements can be viewed in OFCCP’s construction regulations at 41 CFR 60–4.2. NCAP is OFCCP’s preferred method for notifying the agency when a construction contract meeting the requirements has been awarded.
NCAP is a user-friendly portal that allows users to provide required information in four sections: Contract Information, Contract Awarding Entity, Contract Receiving Entity, and Contract Place(s) of Performance.
2. Why did OFCCP develop NCAP?
OFCCP developed NCAP to provide contracting officers, applicants, and federal construction contractors and subcontractors with a secure, electronic means to submit construction contract award notifications. NCAP is convenient and cost-effective, and it provides users with immediate confirmation that their notices were successfully transmitted – confirmation that is currently not available when submitting by fax, mail, or email. In addition, NCAP eliminates mailing costs and centralizes OFCCP’s management of construction contract award notifications.
OFCCP has historically accepted construction award notifications in its regional and field offices through mail, email, and fax with no standardized method for collecting and storing notifications. This lack of standardization presented challenges for the agency to compile consistent construction contract award information. As a result, OFCCP created the NCAP platform for collecting construction contract award information. Submitters are encouraged to use NCAP to submit construction contract award notifications. NCAP is now the primary platform for entering, tracking, and submitting contract award notifications for OFCCP review. Using NCAP eliminates the need for paper submissions via mail, fax, or email.
3. How does OFCCP define construction work?
OFCCP regulations at 41 CFR 60-1.3 define construction work as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
4. Why does OFCCP collect construction contract award information?
Under 41 CFR 60-4.2, contracting officers, applicants, and contractors are required to give written 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. OFCCP uses the data as an information source for determining jurisdiction and neutrally scheduling construction contractors and subcontractors for compliance evaluations.
5. Is any contractor, contracting officer, or applicant who has awarded a Federal or federally assisted construction contract and/or subcontract required to notify OFCCP of the award?
No, contractors, contracting officers, and applicants are only required to notify OFCCP when awarding a Federal or federally assisted construction contract or subcontract in excess of $10,000. The award recipients themselves are also not required to notify OFCCP.
6. Who is required to submit construction contract award notifications?
Federal construction contractors are required to give written notice to OFCCP within 10 working days of awarding a construction subcontract of more than $10,000 at any tier for construction work performed under a federal or federally assisted construction contract. This notice requirement is in OFCCP’s construction regulations at 41 CFR 60-4.2(d)3.
Federal contracting officers, applicants for construction contracts, and in some cases nonconstruction contractors are also responsible for providing this notice. This notice requirement can be found at 41 CFR 60-4.2(c). (Nonconstruction contractors are subject to this requirement if the construction work is necessary in whole or in part to the performance of the nonconstruction contract.)
7. What action is required in NCAP if a project is anticipated to receive federal funding, but has not been awarded yet?
Notice to OFCCP is required within 10 working days of the award of a construction contract or subcontract in excess of $10,000. If the contract has not yet been awarded, the NCAP entry would be premature.
8. Will OFCCP accept construction contract award notifications outside of NCAP?
OFCCP’s preferred notification method is through NCAP. NCAP is convenient, cost-effective, and provides users with immediate confirmation that their notices were successfully transmitted – confirmation that is currently not available when submitting by fax, mail, or email. Users who choose not to use NCAP maintain the option to submit the construction contract award notification via fax, mail, or email by following these instructions.
9. How do I provide feedback about NCAP or suggestions for improvement?
If you would like to provide feedback or suggestions about NCAP, contact the OFCCP NCAP Technical Helpdesk using the Helpdesk Contact Us page at https://ofccp-apps.dol.gov/contact.
Login and Setup
1. How can I access NCAP?
NCAP can be found on OFCCP’s website at ncap.dol.gov.
2. How can contracting officers, applicants, contractors, and subcontractors register for NCAP?
Contracting officers, applicants, contractors, and subcontractors can register for NCAP by creating a Login.gov account. Login.gov provides a simple, secure, and private way for the public to access government websites and applications, including NCAP. Once you’ve successfully logged into NCAP, you will be required to complete the User Profile
3. What should I do if I need assistance using NCAP?
If you need assistance using NCAP, contact OFCCP’s NCAP Technical Helpdesk using the Helpdesk Contact Us page at https://ofccp-apps.dol.gov/contact.
Submitting Notification of Awards
1. What is the prime contract number?
The prime contract number is the number associated with the federal dollars used for the contract and is issued by a federal agency or applicant. It will often be a combination of letters and numbers (e.g. N63245-13-C-0001) or a federal aid number (e.g. 0335(123E)). It is not the subcontract award number issued by a prime contractor or subcontractor.
2. What amount should I enter into the “Dollar Amount of the Contract” field?
The amount entered in the “Dollar Amount of the Contract” field should be the amount awarded to the Contract Receiving Entity. See Appendix C of the NCAP User Guide for additional details on acceptable and unacceptable entries into this field.
3. What is an Employer Identification Number?
The Employer Identification Number (EIN) is a nine-digit number assigned by the IRS for tax reporting purposes, much like an individual’s social security number, but an EIN is considered public information. The EIN is sometimes referred to as a Taxpayer Identification Number (TIN) and consists of two numbers, followed by a hyphen, then seven numbers (e.g. 12-1234567).
OFCCP requires construction contract award notifications to include the contractor’s EIN.
4. What is a Data Universal Numbering System (DUNS) Number and when should I use it?
A contractor’s nine-digit DUNS Number is a unique identifier for a business issued by the credit reporting agency Dun & Bradstreet (D&B). New entities can get their UEI at SAM.gov and, if required, complete an entity registration.
When the awarding entity is a contractor, the user should provide the Unique Entity Identifier (UEI) or Data Universal Numbering System (DUNS) Number for the awarding entity. As of April 4, 2022, SAM.gov has transitioned from use of DUNS Numbers to UEIs.
If the awarding entity does not have a UEI or DUNS Number, insert “unavailable.” The user should also provide the Employer Identification Number (EIN) for the awarding entity.
5. What is a Unique Entity Identifier (UEI) and when should I use it?
A UEI is a 12-character alphanumeric ID assigned by SAM.gov to organizations, individuals, institutions, and public and private companies to register to do business with the federal government.
When the awarding entity is a contractor, the user should provide the Unique Entity Identifier (UEI) or Data Universal Numbering System (DUNS) Number for the awarding entity. As of April 4, 2022, SAM.gov has transitioned from use of DUNS Numbers to UEIs.
If the awarding entity has more than one UEI, list only one UEI.
If the awarding entity does not have a UEI or DUNS Number, insert “unavailable.” The user must also provide the Employer Identification Number (EIN) for the awarding entity.
6. When is the NAICS code required for an award notification?
If an Award Contract Type is Prime, the user must provide the North American Industry Classification System (NAICS) code for the awarded contract. To understand which NAICS codes are appropriate for use, refer to the NAICS Association online Drill Down Tool.
7. What values should I provide as an awarding entity?
All fields in NCAP are required, except for Phone Extension and City Place of Performance (POP), regardless of who submits the notification. For detailed information, please see the NCAP User Guide.
8. What does the term “construction contractor” mean?
The term refers to a contractor or subcontractor holding (awarded) any federal or federally assisted construction contract.
9. What does the term “federal contracting officer” mean?
The term refers to a person working in any department, agency, establishment, or instrumentality in the executive branch of the Government, including any wholly owned Government corporation, who is empowered to bind the federal Government to a contract.
10. What does the term “applicant” mean?
Applicant means an applicant for federal assistance involving a construction contract, or other participant in a program involving a construction contract as determined by regulation of an administering agency. The term also includes such persons after they become recipients of such federal assistance. See 41 CFR 60-1.3 “Applicant.” As an example, applicants are routinely seen at the state or local level awarding federally assisted road construction contracts or housing projects (e.g. a state department of transportation or a city housing authority).
11. What does the term “nonconstruction contractor” mean?
This term refers to a federal supply and service contractor or subcontractor who awards construction work necessary in whole or in part to the performance of a federal nonconstruction contract or subcontract. See 41 CFR 60-4.1 and 60-4.2(b).
12. What do I do if I am unsure of the estimated start and completion dates of the contract?
OFCCP understands these dates are estimations and will not always be precise due to the nature of construction. Use your best judgement based on what you know about the project and the anticipated timing of the contracted work. You will need to be date specific using the format mm/dd/yyyy.
13. Do I enter more than one NCAP Geographical area in which the contract is to be performed when work is being performed across multiple counties and/or states?
Multiple counties can be selected in the county field if they are all in the same state. Where work is being performed across multiple states and counties under the same award, first select one of the states where the work will be performed. In the county field, select the county name(s). In the city field, enter the city, if applicable. Finally, click the “Add geographical area(s)” button to add the location just entered. Repeat these steps until all places of performance for the same award are added. See Section 4.2 of the NCAP User Guide to learn more.
14. What if the geographical area in which the contract is to be performed is in a state or territory that is not divided into counties?
Select the state name from the drop-down menu, then select the checkbox Statewide.
15. Should construction award notifications for work performed outside of the U.S. and its territories be entered into NCAP (e.g. different country, U.S. military installations overseas, etc.)?
No. OFCCP does not collect award information for construction work performed outside of the U.S. and its territories.
16. Will NCAP provide confirmation that my notification was received by OFCCP?
Yes. The user’s screen will populate a confirmation message when the notification is successfully transmitted. Users can review submitted notifications in their Notification History to confirm their status.
17. Can I use a third party to submit subcontract award notifications to OFCCP?
Contractors may use a third party to submit their subcontract award notifications to OFCCP. However, federal contractors are ultimately responsible for meeting their obligations under the laws enforced by OFCCP. Accordingly, the use of third-party services to submit award notifications does not relieve a contactor of its responsibility pursuant to 41 CFR 60-4.2
18. If a third-party notification is submitted, how will NCAP notify the Awarding Entity and the third party that the notification was received by OFCCP?
When submitting a notification, only the submitter is notified that the notification was received by OFCCP, regardless of whether the submitter is the awarding entity.
In terms of how the third party submits the subcontract award notifications, it may use NCAP, mail, email, or fax.
19. What do I do if I discover an error with my NCAP submission?
If an error is discovered, the submitter should contact the OFCCP NCAP Technical Helpdesk using the Helpdesk Contact Us page: https://ofccp-apps.dol.gov/contact to correct any misinformation.
20. Does NCAP accept multi-award construction contracts and/or multiple award task order contracts?
OFCCP regulations require that each notification be specific to a single contractor. Multi-award contracts and task orders are in most cases unacceptable for OFCCP notification because the information is not specific to a single contractor and its portion of the awarded lump sum. If you have specific questions regarding what to do with these types of awards, please contact OFCCP’s NCAP Technical Helpdesk using the Helpdesk Contact Us page at https://ofccp-apps.dol.gov/contact.
21. Is there any way to find out if a notification has already been submitted by another user from my organization?
Yes, contact OFCCP’s NCAP Technical Helpdesk using the Helpdesk Contact Us page: https://ofccp-apps.dol.gov/contact and provide the award information in question. OFCCP will examine NCAP data and verify if the award notification has been previously submitted.
22. What should I do if there is a modification of an existing contract that I have already submitted into NCAP?
Contact OFCCP’s NCAP Technical Helpdesk using the Helpdesk Contact Us page: https://ofccp-apps.dol.gov/contact. OFCCP will provide further instructions based on the specific modification details.
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 November 15, 2024