On August 26, 2022, the Office of Federal Contract Compliance Programs (OFCCP) launched a new online platform, the Notification of Construction Contract Award Portal (NCAP), to modernize how the agency receives required notices about construction contract and subcontract awards.
The Notification of Construction Contract Award Portal (NCAP) is a new online platform that allows contracting officers, applicants, contractors, and subcontractors to submit secure electronic notice to OFCCP of an award of a construction contract or subcontract for construction work performed under a federal or federally assisted construction contract. This notice requirement is in OFCCP’s construction regulations at 41 CFR 60–4.2.
NCAP users can securely upload details of awarded construction contracts by single submission or bulk upload. NCAP is a user-friendly portal that allows users to provide required information in three sections: Contract Information, Contract Receiving Entity, and Contract Place(s) of Performance.
OFCCP developed NCAP to provide contracting officers, applicants, and federal construction contractors and subcontractors a secure, electronic means to submit construction contract award notifications. NCAP is convenient, cost-effective, and provides users with confirmation that their notices were successfully transmitted – confirmation that is currently not available when submitting by fax, mail, or email. In addition, NCAP will eliminate mailing costs and relieve OFCCP field office staff from having to manage construction contract award notifications.
OFCCP has historically accepted construction award notifications in its regional and field offices through mail, email, and facsimile with no standardized method for collecting and storing notifications. This lack of standardization has presented challenges for the agency to compile consistent construction contract award information. As a result, OFCCP created Form CC-314 and secured OMB approval to use the form as OFCCP’s required method for collecting construction contract award notification information. Now submitters may use NCAP to submit the CC-314 information and electronically notify OFCCP of construction contract award notifications. NCAP will be the primary source for entering, tracking, and submitting contract award notifications for review by OFCCP. This will reduce or eliminate the need to submit contract award notifications to OFCCP via mail or email.
OFCCP regulations at 41 CFR 60-1.3 define construction work as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
OFCCP uses the data as an information source for determining jurisdiction and neutrally scheduling construction contractors and subcontractors for compliance evaluations.
Federal construction contractors are required to give written notice to OFCCP within 10 working days of awarding a construction subcontract of more than $10,000 at any tier for construction work performed under a federal or federally assisted construction contract. This notice requirement is in OFCCP’s construction regulations at 41 CFR 60-4.2(d)3.
Federal contracting officers, applicants for construction contracts, and in some cases nonconstruction contractors are also responsible for providing this notice. (Nonconstruction contractors are subject to this requirement if the construction work is necessary in whole or in part to the performance of the nonconstruction contract.) This notice requirement for contracting officers, applicants, and nonconstruction contractors is in OFCCP’s construction regulations at 41 CFR 60-4.2(c), while the requirement for construction contractors can be found at 41 CFR 60-4.2(d)3.
No, contractors are only required to notify OFCCP when awarding a federal or federally assisted construction subcontract in excess of $10,000.
Notice to OFCCP is required within 10 working days of the award of a construction contract or subcontract in excess of $10,000. If the contract has not yet been awarded, the NCAP entry would be premature.
If you would like to provide feedback or suggestions about NCAP, contact the OFCCP NCAP Technical Helpdesk using the Helpdesk Contact Us page https://ofccp-apps.dol.gov/contact.
Contracting officers, applicants, contractors, and subcontractors can register for NCAP by creating a Login.gov account. Login.gov provides a simple, secure, and private way for the public to access participating government websites and applications, including NCAP. To register, you will be required to select the NCAP account type (Federal Agency, Applicant, or Contractor) appropriate to your role and organization. Then enter the required information on the Complete User Profile page.
NCAP can be found on OFCCP’s website at ncap.dol.gov.
If you need assistance using NCAP, contact OFCCP’s NCAP Technical Helpdesk using the Helpdesk Contact Us page at https://ofccp-apps.dol.gov/contact.
The term refers to a contractor or subcontractor holding (awarded) any federal or federally assisted construction contract.
The term refers to a person working in any department, agency, establishment, or instrumentality in the executive branch of the Government, including any wholly owned Government corporation, who is empowered to bind the Federal Government to a contract.
Applicant means an applicant for federal assistance involving a construction contract, or other participant in a program involving a construction contract as determined by regulation of an administering agency. The term also includes such persons after they become recipients of such federal assistance. See 41 CFR 60-1.3 “Applicant”. As an example, applicants are routinely seen at the state or local level awarding federally assisted road construction contracts or housing projects (e.g. a state department of transportation or a city housing authority).
This term refers to a federal supply and service contractor or subcontractor who awards construction work necessary in whole or in part to the performance of a federal nonconstruction contract or subcontract.
The prime contract number is the number associated with the federal dollars used for the contract and is issued by a federal agency or applicant. It will often be a mixture of letters and numbers (e.g. N63245-13-C-0001) or a federal aid number (e.g. 0335(123E)). It is not the subcontract award number issued by a prime contractor or subcontractor.
The amount entered in the “Contract Dollar Amount” field should be the amount awarded to the Contract Receiving Entity.
The Employer Identification Number (EIN) is a nine-digit number assigned by the IRS for tax reporting purposes, much like an individual’s social security number, but an EIN is considered public information. The EIN is sometimes referred to as a Taxpayer Identification Number (TIN) and consists of two numbers, followed by a hyphen, then seven numbers (e.g. 12-1234567). The EIN number should not be confused with a contractor’s nine-digit DUNS number, which is issued by the credit reporting agency Dun & Bradstreet (D&B). OFCCP requires construction contract award notifications to include the contractor’s EIN.
OFCCP understands these dates are estimations and will not always be precise due to the nature of construction. Use your best judgement based on what you know about the project and the anticipated timing of the contracted work. You will need to be date specific using the format mm/dd/yyyy.
Multiple counties can be selected in the county field if they are all in the same state. Where work is being performed across multiple states and counties under the same award, first select one of the states where the work will be performed. In the county field, select the county name(s). In the city field, enter the city, if any. Finally, click the “Add geographical area(s)” button to add the location just entered. Repeat these steps until all places of performance for the same award are added. See Section 4.2 of the NCAP User Guide to learn more.
Select the state name from the drop-down menu, then select the checkbox Statewide.
No. OFCCP does not collect award information for construction work performed outside of the U.S. and its territories.
Yes. The user’s screen will populate a confirmation message when the notification is successfully transmitted. Users can review submitted notifications in their Notification History to confirm their status.
If an error is discovered, the submitter should contact the OFCCP NCAP Technical Helpdesk using the Helpdesk Contact Us page: https://ofccp-apps.dol.gov/contact to correct any misinformation.
OFCCP regulations require that each notification be specific to a single contractor. Multi-award contracts and task orders are in most cases unacceptable for OFCCP notification because the information is not specific to a single contractor and its portion of the awarded lump sum. If you have specific questions regarding what to do with these types of awards, please contact OFCCP’s NCAP Technical Helpdesk using the Helpdesk Contact Us page at https://ofccp-apps.dol.gov/contact.
Yes, contact OFCCP’s NCAP Technical Helpdesk using the Helpdesk Contact Us page: https://ofccp-apps.dol.gov/contact and provide the award information in question. OFCCP will examine NCAP data and verify if the award notification has been previously submitted.
Contact OFCCP’s NCAP Technical Helpdesk using the Helpdesk Contact Us page: https://ofccp-apps.dol.gov/contact. Based on the modification details OFCCP will provide further instructions on a case-by-case basis.
OFCCP’s preferred notification method is through NCAP. NCAP is convenient, cost-effective, and provides users with confirmation that their notices were successfully transmitted – confirmation that is currently not available when submitting by fax, mail, or email. Users who choose not to use NCAP maintain the option to submit the construction contract award notification via one of the other methods by following these instructions.
The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
Last updated on August 26, 2022