OFCCP Seeks Annual Online Affirmative Action Plan Certification

Affirmative Action Program Verification Interface

On September 14, 2020, the Office of Federal Contract Compliance Programs (OFCCP) posted a notice in the Federal Register requesting comments on its implementation of the Affirmative Action Program (AAP) Verification Interface (AAP-VI). 85 FR 56635 (September 14, 2020).  

The goal of OFCCP is to obtain the regulatory authority to require federal contractors to certify, on an annual basis, that they have prepared their AAPs. The OFCCP further seeks the authority to have federal contractors scheduled for a compliance audit, a secure method to submit their AAPs electronically.    

If approved, this will be a game-changer for federal contractors.

Currently, OFCCP conducts annual audits on approximately 2% of the federal contractor universe, and of these, 85% do not submit their AAPs within the 30 days of receiving a scheduling letter. With the implementation of an annual certification process, contractors will certify that each of its required establishments has prepared and implemented the mandated AAPs under the penalties of perjury. The days of contractors delaying and implementing their AAPs will come to an end.

With the implementation of the AAP VI OFCCP will touch a larger portion of the federal contractor community.

Once the AAP VI is implemented, existing federal contractors will be given ninety days to certify that they have met their affirmative action obligations. New contractors will have ninety days after they have prepared their AAPs to certify compliance.

OFCCP has stated that they are interested in your comments regarding the following:

  • The frequency of the certification (the proposal is for annual certification);
  • The level of detail and type of information to be required in the certification;
  • Whether certification would be practically useful to OFCCP in service of its mission, as compared to the burden on contractors; and,
  • Whether the estimated burden on contractors (36 minutes to certify) is accurate.
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