On August 22, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced it will launch a new online platform whereby "contracting officers, contractors, and applicants seeking federal assistance for construction projects (such as a state [Department of Transportation])" can securely upload details about an awarded federal or federally-assisted construction contract or subcontract. OFCCP intends to launch this platform, called the Notification of Construction Contract Award Portal (NCAP), on August 26, 2022.
Currently under the regulations, written notice must be provided to OFCCP's Director within 10 working days of being awarded a covered contract. In general, a covered contract is a federal or federally-assisted construction contract in excess of $10,000. OFCCP intends NCAP to be a more modern, secure, and efficient way, for contractors to submit this notice.
More details about NCAP will be forthcoming, but OFCCP included some specifics in its announcement, including that contractors will be able to upload details about "contract value, estimated start and completion dates of the contract, contact information, the contract awarding entity, the contract receiving entity, and contract place(s) of performance." Presumably OFCCP's reference to "contract information" or "contract receiving entity" would include the name, address and telephone number of the contractor, the contractor's employer identification number, and the contract number, which are also required by 41 C.F.R. §60-4.2(c).
OFCCP's announcement noted that NCAP would make it easier to submit this required information and, in turn, would provide OFCCP with more timely and complete information, while also "play[ing] a critical role in enabling OFCCP to more efficiently schedule and perform compliance reviews."
Along with its announcement of a new platform, OFCCP launched a webpage dedicated to NCAP. This webpage offers a brief overview of NCAP and provides links to resources that will be coming soon, including a frequently asked questions page, how-to videos, and a user guide. OFCCP will also be conducting a webinar on August 26, 2022, at 2:00 pm EDT.
For a detailed discussion of OFCCP's new construction portal, please join us for a one-hour webinar on Wednesday, October 5, 2022, at 2:00 p.m. Eastern. To register for this timely program, click here. Ogletree Deakins' Affirmative Action and OFCCP Compliance Practice Group will continue to monitor developments with respect to NCAP guidance and will post updates on the firm's Affirmative Action / OFCCP and Government Contractors blogs as additional information becomes available. Important information for employers is also available via the firm's podcast programs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.