New OFCCP Portal for Prime Contractor Identification of Subcontractors

OFCCP is rolling out a new portal for direct federal and federally assisted prime construction contractors to use in identifying subcontractors that are awarded contracts valued at $10,000 or more.

On August 26, 2022, OFCCP is rolling out a new portal for construction employers to use in identifying subcontractors that are awarded contracts valued at $10,000 or more.  This portal will require direct federal (e.g., contactors with contracts directly with the Army Corps, General Services Administration or other federal agency) and federally assisted prime construction contractors (e.g., contractors with transportation contracts directly with state departments of transportation) to enter information in the portal that identifies the subcontractor, including contact information, the contract value, estimated start and completion dates, the prime contractor’s information, and the place of contract performance.

Prime contractors are encouraged to adapt their bid solicitation notices to put potential subcontractors on notice up front that OFCCP now will know their identities and will be able to schedule them for equal opportunity and affirmative action compliance reviews more efficiently. 

“[insert prime contractor’s name] notifies bidders that, if awarded a subcontract of $10,000 or more, [prime contractor] is required to notify the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) of the subcontract award.  Bidders are encouraged to evaluate the equal employment opportunity and affirmative action legal and regulatory obligations imposed by OFCCP before submitting their bid.

OFCCP is also conducting a web seminar on Friday, August 26, at 2pm EST.  Employers are encouraged to attend to learn what, if any, consequences there are for primes that fail to notify OFCCP or whether there is any notification timeframe that primes must adhere to.  The first 3000 participants will be granted access to the webinar. Advance registration is not required. If you cannot attend the webinar, a recording will be available for viewing on the NCAP landing page in the near future.

For more information, contact Claiborne Guy at [email protected] or 703-837-5382.

Editor’s Note:  This article was co-authored by Alisa Horvitz of the law firm Roffman Horvitz. Ms. Horvitz focuses her practice on representing clients in various matters before the OFCCP, preparing for and defending OFCCP audits and onsite visits, responding to OFCCP information requests, and conducting live and in-person training seminars on OFCCP compliance. The article should not be relied on as legal advice.

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