The requirement is not new, but the process is.

On Friday, the Office of Federal Contract Compliance Programs launched the Notification of Construction Contract Award Portal or NCAP, which provides an online mechanism for notifying the OFCCP of construction contract awards.

The OFCCP regulations implementing Executive Order 11246 require entities awarding construction contracts and subcontracts valuing $10,000 or more to notify the OFCCP within 10 days of the award of the following information:

  • The name, address, and telephone number of the contractor receiving the award
  • The contractor’s employer identification number
  • The dollar amount of the contract
  • The estimated starting and completion dates of the contract
  • The contract number
  • The geographical area in which the contract is to be performed.

41 C.F.R. §§ 60-4.2(c) and (d)(3).

This notification requirement applies to federal contracting officers, prime contractors, and applicants for federally assisted construction contracts. Non-construction contractors are also covered where construction work is necessary to the performance of a non-construction contract.

The OFCCP says that the NCAP was developed to provide “a secure, electronic means to submit construction contract award notifications” and to eliminate the non-standardized approach for such submissions to the agency. Significantly, the OFCCP also explains that the information provided through the NCAP will be used to determine jurisdiction over construction contractors and for scheduling construction contractors for compliance evaluations. The NCAP will provide the OFCCP with a centralized database of construction contractors, similar to the Contractor Portal now required of supply and service contractors.