One of the least discussed, yet most contentious areas in Affirmative Action Planning is the determination of the date in which the Affirmative Action Plan (AAP) goes into effect and the determination of the associated employee snapshot date. For years I have spoken with clients, consultants and the OFCCP regarding their perception on choosing an appropriate plan date and it always surprises me how disparate the answers can be.

First, let’s start with the regulations. The requirements are very simple. Contractors must have an AAP in place within 120 days of commencing a Federal contract. Here is the citation:

  • 60-2.1 (c) When affirmative action programs must be developed. The affirmative action programs required under paragraph (b) of this section must be developed within 120 days from the commencement of a contract and must be updated annually.

This clearly states that contractors need to have a plan finalized within four (4) months. However, the regulations do not state exactly what the annual renew