OFCCP announced today it will launch the Notification of Construction Contract Award Portal (NCAP) on August 26, 2022. While the NCAP is not yet live, OFCCP has launched an NCAP informational page with background information. The page will eventually include FAQs, how-to videos, and a User Guide.
The purpose of the NCAP is distinct from the supply and service Contractor Portal for AAP certification (which does not apply to construction contractors) and the new “OFCCP Submitter Notice Response Portal” for submission of federal contractor objections to disclosure of EEO-1 Reports under the Freedom of Information Act (FOIA).
The NCAP is specifically designed to be a more efficient way for federal construction contractors and subcontractors (and others) to fulfill their obligations under OFCCP construction contractor regulations (41 C.F.R. § 60-4.2 Solicitations) to provide notice of contract and subcontract awards of $10,000 or more.
NCAP provides contracting officers, contractors, and applicants seeking federal assistance for construction projects (such as state DOTs), a more efficient and secure electronic means to submit a notice to OFCCP within 10 working days of an award of a federal or federally assisted construction contract or subcontract in excess of $10,000. These notification requirements can be viewed at 41 CFR 60–4.2.
For federal construction contractors and subcontractors, the notice obligation is triggered by a covered contract, which should include the following section of the “Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity (Executive Order 11246):”
The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
Although it may be rare for this notice obligation to apply to non-construction federal contractors, it can in a limited circumstance:
All nonconstruction contractors covered by Executive Order 11246 and the implementing regulations shall include the notice in paragraph (d) of this section [Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity (Executive Order 11246)] in all construction agreements which are necessary in whole or in part to the performance of the covered nonconstruction contract… nonconstruction contractors shall give written notice to the Director within 10 working days of award of a contract subject to these provisions. The notification shall include the name, address and telephone number of the contractor; employer identification number; dollar amount of the contract, estimated starting and completion dates of the contract; the contract number; and geographical area in which the contract is to be performed.
OFCCP explains the purpose of these notice requirements and the NCAP:
Considering the federal government’s historic investments in the country’s infrastructure, this information will play a critical role in enabling OFCCP to more efficiently schedule and perform compliance reviews to ensure that companies doing business with the federal government fulfill their equal employment opportunity commitments.
We will continue to monitor this and share additional thoughts after the NCAP goes live on August 26th.