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Sep 15, 2022

Federal contractors get portal to report construction subcontracts

Affirmative Action 

Federal construction contractors now have a one-stop option to comply with their obligation to notify the Office of Federal Contract Compliance Programs (OFCCP) within 10 business days of awarding a subcontract worth more than $10,000 for work on a federal or federally assisted construction project. The OFCCP recently launched the Notification of Construction Contract Award Portal, where you can upload this information directly and receive confirmation of receipt. To access the portal, you’ll first need to have a Login.gov account. More information is available on the frequently asked questions (FAQ) page.

As a federal construction contractor, your duty to notify the OFCCP only applies to situations where you make the decision to farm out work on a federal or federally assisted construction project to another company instead of doing it within your own organization. Federal supply and service contractors generally aren’t obligated to notify the agency of subcontracts, unless they need to have someone perform over $10,000 of construction work as part of a federal supply or service contract.

Tips: If you need technical assistance with the portal, the only way to reach the OFCCP’s help desk is at this web page: https://ofccp-apps.dol.gov/contact. In the field for “Application,” you’ll be offered a choice between “Contractor Portal” and “NCAP.” You should choose NCAP (Notification of Construction Contract Award Portal). The “Contractor Portal” refers to the affirmative action certification portal that federal supply and service contractors (not construction contractors) must use to annually certify their affirmative action compliance.

Using the new construction contract award portal isn’t mandatory. You may still notify the appropriate OFCCP regional office via email, postal mail, or fax, as long as you include all of the required information, as explained here. However, it will likely be simpler to use the portal rather than send a special notice.

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.

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