§60-300.5 Section 2 of the Equal opportunity clause, which sets forth the mandatory job listing obligation for federal contractors states that “The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, with the appropriate employment service delivery system where the opening occurs.” It further defines what it means by “all employment openings” and states that this “…includes all positions except executive and senior management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes full-time employment, temporary employment of more than three days' duration, and part-time employment.” The listing obligation is triggered when a company enters into a federal contract that meets the VEVRAA coverage threshold. So the answer to your question would depend on whether your company already has other active federal contracts covered under VEVRAA. If you do, then that listing obligation exists now, whether your company is awarded this new contract or not, and you will have to list all of your job openings, unless they fall within the three excluded categories mentioned above. If this is your company’s first federal contract covered under VEVRAA, your company is under no obligation to list them now because technically, you are not a federal contractor at the moment. Coverage, and the associated obligations, start when you enter into a federal contract. That said, if you are recruiting now in anticipation of being awarded the contract, and eventually obtain it, you will need to think about whether you will have enough time to list the job with the ESDS, request the priority referral of veterans, and conduct outreach, as you will still need to provide proof of compliance with these obligations.
You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.