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
- What is the Contractor Portal?
- Why is OFCCP requiring contractors to use the Contractor Portal?
- Who is required to use the Contractor Portal?
- Are construction contractors required to use the Contractor Portal?
- Where can contractors get resources and guidance on how to develop AAPs?
- Will certifying compliance through the Contractor Portal exempt a contractor from compliance evaluations?
- What measures has OFCCP taken to ensure contractor data is secure?
- Are contractors required to update their establishment list, or simply confirm that the 2018 EEO-1 information pre-populated in the OFCCP Contractor Portal is accurate?
- Are contractors required to update the headcount for each establishment?
- Do I have to include my establishment in the Contractor Portal if it has fewer than 50 employees?
- Which employees should I include in the employee headcount for each establishment or functional/business unit?
- What do I do when an establishment’s headcount falls below 50 employees?
REGISTRATION
- How can a contractor register for the Contractor Portal?
- I am a federal contractor who has never completed an EEO-1 report and therefore do not have an EEO-1 identifier. Can I register for the portal?
- What if the Contractor Portal does not accept the 2018 EEO-1 report identifier?
- How do educational institutions register in the Contractor Portal?
- Should educational institutions that receive federal grants, but do not have federal contracts, register in the Contractor Portal?
- When should a contractor register for the Contractor Portal?
- Are contractors that have Functional Affirmative Action Program (FAAP) agreements required to use the Contractor Portal?
- Can a contractor have multiple users register for the Contractor Portal?
- During registration, can contractors update information about their company through the Contractor Portal?
- I am a federal contractor whose EEO-1 identifier contains more than 15 alphanumeric characters. How can I register for the portal?
- I am a federal contractor who has registered the Parent Company in the Contractor Portal and need to add an establishment for which I do not yet have an EEO-1 identifier. How can I add this establishment?
MULTIPLE USER FUNCTIONALITY
- How does the Multiple User Functionality work?
- Are there different types of users in the Contractor Portal? If so, what is the difference between user types?
- My company has multiple establishment(s) or functional/business unit(s) that need to certify. How do we grant each establishment(s) or functional/business unit(s) access to the Contractor Portal?
- Can a user access the Contractor Portal for companies with different Employer Identification Numbers (e.g., a representative that is accessing the portal on behalf of different companies)?
- Can I have more than one user?
- How do I add new users from my company to the Contractor Portal?
- How do I change the role of a user who was granted access (e.g., Changing an Admin User to a Non-Admin User)?
- One of my company's assigned users has left the company or is no longer in the role. How do I remove their access to my company's records?
- I am having difficulties with the multi-user functionality. Who do I contact?
CERTIFICATION
- Who is required to certify AAP compliance through the OFCCP Contractor Portal?
- What will my company be required to certify through the OFCCP Contractor Portal?
- When certifying compliance with the AAP requirements through the Contractor Portal, what information does OFCCP consider as part of the affirmative action program that each contractor has to develop and maintain?
- When will a contractor be required to certify?
- How often will my company be required to certify?
- How long will the annual certification process take?
- How do I complete my certification?
- What happens if I certify that I am a new contractor who has not developed its AAP(s) yet?
- Which laws does my company have to certify AAP compliance with?
- Do I have to upload my AAP(s) as part of the certification process?
- Does my company need to certify AAP compliance for establishments located outside of the U.S. and its territories?
- Will contractors who have FAAP agreements be required to certify AAP compliance?
- How does OFCCP use the certification information I submit?
- Do I have to certify independent subsidiaries through the OFCCP Contractor Portal?
- How do I certify independent subsidiaries through the OFCCP Contractor Portal?
- For covered government contractors with a June 1 plan start date, will OFCCP require the 2023 or 2024 AAP to be certified?
- What happens if a parent company files EEO-1 Reports on behalf of its subsidiaries, but does not create AAPs or handle OFCCP audits for subsidiaries? How will the certification process be handled for subsidiaries?
- How do I confirm my establishment’s certification?
- Why is OFCCP collecting the AAP Coverage Period during the certification process?
UPDATING RECORDS
- How do I update records for my parent company and/or establishments?
- Where is OFCCP obtaining prepopulated information for my company?
- What should a company do if it has experienced a merger/spin-off/acquisition that would not be reflected in the 2018 EEO-1 Reports?
- Can I bulk upload/modify multiple establishments into the Contractor Portal for my parent company?
- How long should I expect OFCCP to process my bulk upload once I submit a request to the Contractor Portal?
- What happens if I have inaccurate information in my bulk upload/modification submission?
- What do I do when my company has previously registered for the Contractor Portal, but no longer meets OFCCP's jurisdictional thresholds and has no AAP Obligations?
FUNCTIONAL AFFIRMATIVE ACTION PROGRAM (FAAP)
- Will OFCCP be importing the functional/business units listed in Attachment A of each contractor’s FAAP agreement?
- What should a FAAP contractor do if it finds that its Company Profile in the Contractor Portal does not contain the functional/business units listed in the FAAP Agreement?
- How should a contractor modify its FAAP agreement and have those modifications reflected in the Contractor Portal?
- What functional/business units or establishments should be listed under the FAAP Parent Company in the Contractor Portal?
GENERAL
1. What is the Contractor Portal?
The Contractor Portal is OFCCP’s platform where covered federal contractors and subcontractors (“contractors”) must certify, on an annual basis, whether they are meeting their requirement to develop and maintain annual AAPs.
2. Why is OFCCP requiring contractors to use the Contractor Portal??
The U.S. Government Accountability Office (GAO) in its report, Equal Employment Opportunity: Strengthening Oversight Could Improve Federal Contractor Nondiscrimination Compliance (GAO-16-750), expressed concern 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."
The report further found that "close to 85 percent of contractor establishments did not submit a written AAP within 30 days of receiving a scheduling letter." Based on these findings, GAO recommended that OFCCP "develop a mechanism to monitor AAPs from covered federal contractors on a regular basis.” Such a mechanism could include electronically collecting AAPs and contractor certification of annual updates." OFCCP developed the Contractor Portal in response to the GAO recommendations.
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 Contractor 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.
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.
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.
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.
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.
8. Are contractors required to update their establishment list, or simply confirm that the 2018 EEO-1 information pre-populated in the OFCCP Contractor Portal is accurate?
All supply and service contractors and subcontractors that fall under OFCCP’s jurisdiction should review and, if necessary, update their Parent Company Profile and information on individual establishments and functional/business units. This may include adding, updating, or closing establishments or functional/business units.
Contractors can add establishments or functional/business units by following the steps in Section 3.3 "Adding Establishment(s) or Functional/Business Unit(s) Records" of the Contractor Portal User Guide.
Contractors can close each establishment or functional/business unit which should not be listed under the Parent Company. Instructions for closing establishments or functional/business units are available in Section 3.5 "Updating Facility Status: Open/Closed" of the Contractor Portal User Guide. Examples of when to close an establishment or functional/business unit include, but are not limited to, the following:
- The establishment or functional/business unit is physically closed.
- The establishment or functional/business unit is no longer held by the Parent Company.
- The FAAP agreement is terminated. (When a FAAP agreement is terminated but the contractor remains a federal contractor, the contractor should close its FAAP functional/business units listed in the Contractor Portal and add its establishments as necessary.)
9. Are contractors required to update the headcount for each establishment?
Contractors should update the “Employee Headcount” for each establishment with the most current information available.
10. Do I have to include my establishment in the Contractor Portal if it has fewer than 50 employees?
It depends on whether the establishment maintains a separate AAP. If the establishment has fewer than 50 employees and maintains an AAP only for those employees, it must be included in the Contractor Portal. See 41 CFR 60-2.1(d)(2) (describing which employees should be covered in an AAP). If the establishment has fewer than 50 employees and does not maintain an AAP only for those employees, the contractor does not need to list the establishment in the Contractor Portal.
11. Which employees should I include in the employee headcount for each establishment or functional/business unit?
For the employee headcount, contractors should include all employees covered in their establishment’s AAP and/or the most current employee headcount for each functional/business unit according to their FAAP agreement. For more information, see 41 CFR 60-2.1(d)(2) (describing which employees should be covered in an AAP) and the Remote Employees and AAPs Frequently Asked Questions).
12. What do I do when an establishment’s headcount falls below 50 employees?
If an establishment with fewer than 50 employees still maintains its own AAP, update the headcount to match the AAP. If an establishment has fewer than 50 employees and the contractor chooses to incorporate the employees into a different AAP per the regulations at 41 CFR 60-2.1(d)(2), edit the status from "open" to "close" and update the employee headcount to zero.
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. The OFCCP Contractor Portal User Guide includes detailed instructions on the registration process.
2. I am a federal contractor who has never completed an EEO-1 report and therefore do not have an EEO-1 identifier. Can I register for the portal?
The Contractor Portal was designed to use the contractor's EEO-1 identifier to create a company profile. This is because any contractor who meets the thresholds for having an obligation to develop and maintain an AAP(s) also meets the thresholds for filing the EEO-1 report.
Federal contractors or subcontractors that do not have an EEO-1 identifier may be able to register based on the criteria listed below:
- Educational institutions that do not have an EEO-1 identifier may register using the Educational Institution pathway with their IPEDS identifier.
- Contractors located in U.S. territories (outside of the United States) should contact the OFCCP Technical Support Service Helpdesk at 1-800-397-6251. Callers should press 1 for English or 2 for Spanish, then press 1 to reach technical support for assistance with registering.
Contractors who meet the thresholds for having an obligation to develop and maintain an AAP(s) and have not yet filed an EEO-1 report should contact the OFCCP Technical Support Service Helpdesk at 1-800-397-6251. Callers should press 1 for English or 2 for Spanish, then press 1 to reach technical support for assistance. The technical support team will assign temporary identifiers for the parent company and all establishments and will assist with registration.
3. What if the Contractor Portal does not accept the 2018 EEO-1 report identifier?
If you filed a 2018 EEO-1 report and received an error when you attempted to register for the Contractor Portal using the 2018 EEO-1 identifiers for the “Headquarter/Company Number” and “Establishment/Unit Number” fields, please contact the Contractor Portal Technical Help Desk for assistance through the OFCCP Contractor Portal Technical Help Request Form.
4. How do educational institutions register in the Contractor Portal?
Educational institutions register using their Integrated Postsecondary Education Data System (IPEDS) unique identification number (UNITID or IPEDS ID) and Employer Identification Number (EIN). Educational institutions may develop a single AAP or multiple AAPs, depending on their organizational structure. To account for these flexibilities and possible variations in AAP development, educational institutions will certify compliance for all AAPs associated with their 6-digit IPEDS ID.
5. Should educational institutions that receive federal grants, but do not have federal contracts, register in the Contractor Portal?
No. Educational institutions with federal grants need not register in the Contractor Portal if they do not meet the jurisdictional thresholds to develop an AAP. General FAQ #3 provides details on these thresholds.
6. When should a contractor register for the Contractor Portal?
Existing contractors who have not yet registered and new contractors should register as soon as possible.
7. 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.
8. Can a contractor have multiple users register for the Contractor Portal?
Yes, a contractor can have multiple users register for the Contractor Portal.
9. 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.
10. I am a federal contractor whose EEO-1 identifier contains more than 15 alphanumeric characters. How can I register for the portal?
The Contractor Portal currently supports EEO-1 identifiers that contain up to 15 characters. Contractors whose EEO-1 identifier contains more than 15 characters should contact the OFCCP Technical Support Service Helpdesk at 1-800-397-6251. Callers should press 1 for English or 2 for Spanish, then press 1 to reach technical support for assistance with registering.
11. I am a federal contractor who has registered the Parent Company in the Contractor Portal and need to add an establishment for which I do not yet have an EEO-1 identifier. How can I add this establishment?
The Contractor Portal was designed to use each establishment's EEO-1 identifier for registration. Contractors who wish to add an establishment for which they have not yet been issued an EEO-1 identifier should contact the OFCCP Technical Support Service Helpdesk at 1-800-397-6251. Callers should press 1 for English or 2 for Spanish, then press 1 to reach technical support for assistance with assigning a temporary identifier for the establishment and assist with adding the establishment to the Portal.
MULTIPLE USER FUNCTIONALITY
1. How does the Multiple User Functionality work?
The Multiple User Functionality allows a company to have more than one user who can register, update records, and certify establishment(s) or functional/business unit(s) for the company through the Contractor Portal. Specific steps explaining how to use this feature are outlined in the OFCCP Contractor Portal Federal Contractor User Guide found on the Contractor Portal Landing Page: OFCCP Contractor Portal | U.S. Department of Labor (dol.gov)
2. Are there different types of users in the Contractor Portal? If so, what is the difference between user types?
Yes. There are two roles that can be assigned to multiple users, namely:
- Admin User – This user can modify all records within the company, invite new users, and assign them establishment(s) or functional/business unit(s) to manage.
- Non-Admin User – This user can only modify establishment(s) or functional/business unit(s) that an Admin User has assigned to them. A Non-Admin User can view all users associated with the Headquarters/Parent Company, but cannot modify, add, or assign users.
3. My company has multiple establishment(s) or functional/business unit(s) that need to certify. How do we grant each establishment(s) or functional/business unit(s) access to the Contractor Portal?
For companies with multiple establishment(s) or functional/business unit(s), please be advised that the initial user who registers for the Contractor Portal is by default an Admin User and is responsible for granting any other user(s) access to the portal on behalf of the company. No other user(s) will be able to access the portal without the Admin User first granting access. Accordingly, OFCCP strongly recommends that the initial user be someone from the Parent Company/Headquarters with authority to grant access and permissions to designated official(s) at each establishment(s) or functional/business unit(s) that need to certify compliance.
4. Can a user access the Contractor Portal for companies with different Employer Identification Numbers (e.g., a representative that is accessing the portal on behalf of different companies)?
Yes, this is possible. However, the user must have a different registered email address and Login.gov account for each company to access the portal.
5. Can I have more than one user?
Yes, you can add as many users as is needed by your company of both types of users (i.e., Admin and Non-Admin users).
6. How do I add new users from my company to the Contractor Portal?
Admin Users can add additional Admin and/or Non-Admin Users for their company by following the steps in the OFCCP Contractor Portal Federal Contractor User Guide and the Multi-User Functionality How-To Video found on the Contractor Portal Landing Page: OFCCP Contractor Portal | U.S. Department of Labor (dol.gov)
7. How do I change the role of a user who was granted access (e.g., Changing an Admin User to a Non-Admin User)?
To change the role of any user (i.e., Admin User or Non-Admin User), you must contact the Contractor Portal Technical Help Desk by using the Help Request Form on the Contact Us Page: https://contractorportal.dol.gov/contact
8. One of my company's assigned users has left the company or is no longer in the role. How do I remove their access to my company's records?
To remove a Non-Admin User's access from any of the establishment(s) or functional/business unit(s) that they are assigned, an Admin User will follow these steps:
- Select "Users" from the left navigation menu. A table with a list of Usernames (as identified by each user's registered email address), Roles, and Action will be displayed.
- Select the "Assign" link beside the Non-Admin User whose access you want to remove.
- All the establishment(s) or functional/business unit(s) that the Non-Admin User has permissions to manage will have a checkmark next to them. Uncheck the ones for which you would like to revoke access and click "Assign" or click on the "Remove User from all Establishments" button to remove the Non-Admin User from all Establishments or Functional/Business Units.
To remove an Admin User from your company, contact the Contractor Portal Technical Help Desk by using the Help Request Form on the Contact Us Page: https://contractorportal.dol.gov/contact
9. I am having difficulties with the multi-user functionality. Who do I contact?
If you encounter difficulties with the multi-user functionality or need assistance, contact the Contractor Portal Technical Help Desk by using the Help Request Form on the Contact Us Page: https://contractorportal.dol.gov/contact.
Additional information can be found in the Contractor Portal Federal Contractor User Guide and the Multi-User Functionality How-To Video found on the Contractor Portal Landing Page: OFCCP Contractor Portal | U.S. Department of Labor (dol.gov)
CERTIFICATION
1. Who is required to certify AAP compliance through the OFCCP Contractor Portal?
Supply and service contractors who meet OFCCP’s jurisdiction thresholds are required to use the OFCCP Contractor Portal to certify AAP compliance for their establishments and functional/business units.
2. What will my company be required to certify through the OFCCP Contractor Portal?
For each establishment or functional/business unit, the contractor has to decide which of the three following certification statuses apply. The certifications offered are:
- Entity has developed and maintained affirmative action programs at each establishment, as applicable, and/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; or
- Entity became a covered federal contractor or subcontractor within the past 120 days and therefore has not yet developed applicable affirmative action programs.
Note: Covered contractors must develop an AAP within 120 days of entering a federal contract or subcontract. New contractors who select option three will have 90 days from the development of their AAPs to access the Contractor Portal and update their certification.
For those contractors that do not prepare an AAP for an establishment with fewer than 50 employees, please refer to General FAQs 10 and 12 from above.
3. When certifying compliance with the AAP requirements through the Contractor Portal, what information does OFCCP consider as part of the affirmative action program that each contractor has to develop and maintain?
A contractor is certifying whether it has developed and maintained the following AAP components:
- The Executive Order 11246 AAP contents, including required annual analyses, described in Subpart B of 41 CFR 60-2;
- The VEVRAA AAP contents, including required annual analyses, described in Subpart C of 41 CFR 60-300; and
- The Section 503 AAP contents, including required annual analyses, described in Subpart C of 41 CFR 60-741.
4. When will a contractor be required to certify?
For the 2024 annual certification cycle, existing contractors will be required to complete their certification of establishments or functional/business units between April 1, 2024, and July 1, 2024. To prepare for the 2024 certification cycle, OFCCP will reset the status of all entities to “Not Certified” on March 31, 2024.
5. How often will my company be required to certify?
Contractors that meet OFCCP’s jurisdiction thresholds must complete certification for each establishment or functional/business unit annually.
6. How long will the annual certification process take?
OFCCP estimates it will take contractors approximately 6 minutes to certify AAP compliance for each establishment or functional/business unit.
7. How do I complete my certification?
For detailed instructions on the certification process, please see the OFCCP Contractor Portal Landing page which contains a User Guide, how-to video resources, and FAQs.
8. What happens if I certify that I am a new contractor who has not developed its AAP(s) yet?
Covered contractors must develop an AAP within 120 days of entering a federal contract or subcontract. New contractors will have 90 days from the development of the AAP to access the OFCCP Contractor Portal and update their certification. Instructions for updating your certification can be found in the Certification Section of the User Guide, which is located on the OFCCP Contractor Portal Landing page.
9. Which laws does my company have to certify AAP compliance with?
Every contractor is required to certify that they have developed and maintained AAPs pursuant to all of the laws OFCCP enforces under which the contractor is covered: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended.
10. Do I have to upload my AAP(s) as part of the certification process?
No. OFCCP does not require uploading of AAP(s) during the certification process. The certification process only requires the contractor to select one of three responses on AAP creation/maintenance.
11. Does my company need to certify AAP compliance for establishments located outside of the U.S. and its territories?
No. Contractors should only certify AAP compliance for establishments located within the U.S. and its territories.
12. Will contractors who have FAAP agreements be required to certify AAP compliance?
Yes. Contractors with FAAP agreements will also be required to certify for each functional or business unit AAP.
13. How does OFCCP use the certification information I submit?
OFCCP uses the certification information to help determine contractors’ compliance with their requirements to develop and maintain AAPs. At this time, OFCCP requires annual certification to monitor AAP compliance on a regular basis.
14. Do I have to certify independent subsidiaries through the OFCCP Contractor Portal?
Each independent subsidiary assumes the status of a covered federal contractor, is subject to OFCCP jurisdiction, and is required to prepare its own AAP and certify compliance, if either of these scenarios is true: (1) the subsidiary holds its own covered federal contract(s), in which case it will remain subject to OFCCP jurisdiction; or (2) the subsidiary does not hold its own federal contract(s), but is so closely related to the Parent Company federal contractor as to constitute a single entity for the purposes of OFCCP jurisdiction.
15. How do I certify independent subsidiaries through the OFCCP Contractor Portal?
Independent subsidiaries that are within OFCCP’s jurisdiction can be added to the Parent Company Record in the OFCCP Contractor Portal under the “My Company” tab. Each added independent subsidiary will be listed under the “Manage Establishments or Functional/Business Units” tab. Once all establishments (including independent subsidiaries) are in the "My Company” tab, the contractor could individually certify each of the establishments and/or individual subsidiaries or certify all of them in one bulk certification step. For detailed instructions on the certification process, please see the OFCCP Contractor Portal Landing page which contains a User Guide and how-to video resources.
16. For covered government contractors with a June 1 plan start date, will OFCCP require the 2023 or 2024 AAP to be certified?
Covered federal contractors and subcontractors are required to use the OFCCP Contractor Portal to certify whether they are currently meeting their requirement to develop and maintain annual AAPs. When a contractor selects a response to the certification statement through OFCCP's Contractor Portal, it is selecting the response that reflects its AAP status as of the date it certifies. For example, if a contractor with a June 1, 2024, AAP start date certifies when the Contractor Portal opens for certification on April 1, 2024, then the contractor would be certifying the 2023 AAP (effective June 1, 2023, through May 31, 2024). If the contractor certifies on or after June 1, 2024, it would be certifying the 2024 AAP (effective June 1, 2024 through May 31, 2025).
17. What happens if a parent company files EEO-1 Reports on behalf of its subsidiaries, but does not create AAPs or handle OFCCP audits for subsidiaries? How will the certification process be handled for subsidiaries?
A parent company can invite additional users to register, update records, and certify establishments or functional/business units for the company. The parent company can add as many users as is needed by the company and can assign users for each subsidiary in the manner that works best for the company. For companies with multiple establishments or functional/business units, please be advised that the initial user who registers for the Contractor Portal is, by default, an Admin User and is responsible for granting any other user(s) access to the portal on behalf of the company. No other user(s) will be able to access the portal without the Admin User first granting access. Accordingly, OFCCP strongly recommends that the initial user be someone from the Parent Company/Headquarters with authority to grant access and permissions to designated officials at each establishment or functional/business unit that need to certify compliance.
18. How do I confirm my establishment’s certification?
To confirm certification, contractors can log into the Contractor Portal. Within the 'My Company' and 'Managing Establishments' tabs, you will find a column entitled "status". The Contractor Portal immediately updates the certification status from "not certified" to "certified" upon the certification submission. The Contractor Portal User Guide includes screenshots of the 'My Company' tab and the 'Managing Establishments' tab.
19. Why is OFCCP collecting the AAP Coverage Period during the certification process?
Collecting the AAP Coverage Period provides OFCCP with greater insight into a contractor’s AAP cycle.
UPDATING RECORDS
1. How do I update records for my parent company and/or establishments?
For detailed instructions on updating parent company, establishment, or functional/business unit records, please refer to Section 3 of the User Guide (Registration and Records Update), which is located on the OFCCP Contractor Portal Landing page.
2. Where is OFCCP obtaining prepopulated information for my company?
OFCCP’s prepopulated information for parent companies and establishments or functional/business units was obtained from the 2018 EEO-1 report filings.
3. What should a company do if it has experienced a merger/spin-off/acquisition that would not be reflected in the 2018 EEO-1 Reports?
Companies can add establishments or functional/business units to their profiles that have been acquired, and close establishments or functional/business units that they no longer hold, allowing them to maintain the records for that closed establishment or functional/business unit in the system. An Admin User may close an establishment or functional/business unit by setting the "Facility Status" to "Close" on the "Establishment or Functional/Business Unit Records" tab.
The system also allows the Admin User to update information such as the establishment name, DUNS, NAICS, employee count, open/close status, point of contact, address, and mailing address for an establishment or functional/business unit. Upon registration, a contractor can update all this information. Contractors needing further assistance can contact the Contractor Portal Help Desk.
4. Can I bulk upload/modify multiple establishments into the Contractor Portal for my parent company?
Companies with 100 or more establishments or functional/business units may request to have their establishments or functional/business units uploaded in bulk by using the Bulk Upload/Modification Template. For more information on the bulk upload/modification request process, please refer to the Bulk Upload/Modification Request Instructions.
Please note that the bulk upload/modification process will not remove establishments that were listed on the 2018 EEO-1 Report. For example, if a contractor listed 200 establishments or functional/business units on the 2018 EEO-1 Report and sends a bulk upload/modification request for 150 out of the 200 establishments, the 50 establishments not included in the bulk upload/modification request will continue to appear in the Portal. If these 50 establishments are no longer open or they do not have an AAP requirement, the contractor will have to edit the status of each establishment from "open" to "close" to indicate that no certification is required for these establishments.
5. How long should I expect OFCCP to process my bulk upload once I submit a request to the Contractor Portal?
Requests that include all the requested data will generally be processed within seven business days. The contractor must submit its data in the required format or the request will be considered invalid. Invalid requests will be returned to the contractor for correction and will result in delays as the contractor must submit a new bulk upload request with the corrected data. Please note that bulk uploads and processing estimates are for establishments only. Contractors with FAAP agreements must work directly with their FAAP managers to submit this data.
6. What happens if I have inaccurate information in my bulk upload/modification submission?
The contractor is solely responsible for providing accurate establishment data. Contractors should review the accuracy of their submissions before they submit them to OFCCP. If there are any inaccuracies, the contractor must manually correct them within the Contractor Portal.
7. What do I do when my company has previously registered for the Contractor Portal, but no longer meets OFCCP's jurisdictional thresholds and has no AAP Obligations?
The Contractor Portal uses the “closed” facility status to represent that a parent company and/or an establishment or functional/business unit is physically closed or does not otherwise have an AAP obligation. Entities that have a registered profile in the Contractor Portal but no longer meet OFCCP's jurisdiction threshold for maintaining an AAP and want to indicate this may proactively close both the parent company and all establishments.
Instructions for closing the parent company and all establishments or functional/business units that fall under it are available in Section 3.5 "Updating Facility Status: Open/Closed" of the Contractor Portal User Guide.
If after closing the company and all its establishments or functional/business units, the supply and service contractor receives a covered contract of $50,000 or more and employs 50 or more employees company-wide, then the contractor must update its records in the portal to reflect they have an AAP obligation. The contractor will update the facility status for the parent company and all the establishments or functional/business units with an AAP obligation from “Closed” to “Open” and certify their AAP compliance.
FUNCTIONAL AFFIRMATIVE ACTION PROGRAM (FAAP)
1. Will OFCCP be importing the functional/business units listed in Attachment A of each contractor’s FAAP agreement?
Yes, for contractors with FAAP agreements approved as of February 1, 2022, OFCCP imported the functional/business units into the Company Profile. For FAAP agreements approved after February 1st, 2022, a contractor should contact its FAAP manager to add its functional/business units into their company profile.
2. What should a FAAP contractor do if it finds that its Company Profile in the Contractor Portal does not contain the functional/business units listed in the FAAP Agreement?
The contractor should email its designated FAAP Manager and request that the functional/business units listed in the Contractor Portal be corrected to match the FAAP agreement. The FAAP Manager will coordinate with the contractor’s representative to make the changes.
3. How should a contractor modify its FAAP agreement and have those modifications reflected in the Contractor Portal?
If a contractor wants to modify a FAAP agreement, it must follow the FAAP modification procedures outlined in the FAAP Directive and described on OFCCP’s Frequently Asked Questions page at https://www.dol.gov/agencies/ofccp/faqs/faap.
To have the modifications reflected in the Contractor Portal, the contractor should email its designated FAAP Manager and notify them of the modification request. Once the modification request is approved, the FAAP Manager will have the modified functional/business units updated in the Contractor Portal.
4. What functional/business units or establishments should be listed under the FAAP Parent Company in the Contractor Portal?
The OFCCP Contractor Portal should only contain FAAP units and establishments associated with the current FAAP agreement. Contractors should ensure that only functional/business units and establishments that are required to develop and maintain an AAP are listed in the "My Company" tab.
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 March 25, 2024