In general, OFCCP regulations do not distinguish between prime contractors and sub-contractors (at whatever tier). So the very short answer to your question is “Yes”. But coverage/applicability of the three laws for which the OFCCP has enforcement jurisdiction is a bit convoluted and not universally understood. So, I’ll give you a longer answer related to jurisdiction of the OFCCP in general and hope that it is helpful to you as well as other readers. This may be of particular interest to subcontractors with smaller roles in contracting system and/or those with smaller workforces. You know that the OFCCP enforces Executive Order 11246, The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) of 1974, and The Rehabilitation Act of 1973, and the rules the agency has promulgated under these laws. What is often not known (and not relevant to larger contractors) is that EACH of these laws has dollar thresholds for coverage – that is, whether the laws and rules apply at all, as well as the dollar value of a SINGLE contract which triggers the requirement to develop a written AAP. For “coverage” purposes the dollar thresholds is very low (aggregate contracts of only $10,000) to be covered by the Executive Order regulations and the Rehabilitation Act. Even the dollar threshold that triggers the AAP requirements for these two programs is low enough (a SINGLE contract of at least $50,000) that it’s likely most contractors/subcontractors have agreements valued at that amount or more. The thresholds for BOTH coverage and the AAP requirement are higher under the VEVRAA, i.e., $ 100.000. Consequently, contractors with smaller dollar value contracts could conceivably be covered by both the Executive Order and the Rehab requirements but not the VEVRAA. In every case the AAP requirement has an additional threshold…the size of the workforce. AAPs for Women and Minorities, for Covered Veterans and for Individuals with Disabilities are required if the dollar value of the contract is at least $50,000/100,000/$50,000, respectively, AND there is a workforce of at least 50. For all three programs enforced by the OFCCP, this threshold applies to the TOTAL workforce NOT simply the workforce at any particular location/”establishment” or the one where the contract is being performed. That is, if a contractor has a contract of a zillion dollars and a workforce of 40, no AAPs are required. None. If a contractor has a contract of $9,999 and a total workforce of 10,000, no AAPs are required. But if a contractor has a single contract of at least $100,001 and a TOTAL workforce of 51 at one or multiple locations, it must have THREE AAPs (one for women and minorities, one for covered vets and one for persons with disabilities. And every one of those 51 employees must be included in each of the three programs’ AAPs. Whether they are in one or multiple “establishment” AAPs depends on other regulations. Presumably subcontracts have a lower dollar value than do prime contracts but it is only the dollar value of any agreement AND the size of that particular employer’s workforce that are of consequence in determining the applicability of the AAP requirement and NOT, as in your question, whether the contractor is a prime- or sub-contractor. In fact, the definitions for each of the three enforcement programs defines “contractor” and “subcontractor” in essentially the same way, that is, indicating that the terms are, in general, used interchangeably, e.g. “Contractor means, unless otherwise indicated, a prime contractor OR subcontractor.” (emphasis mine) See for example 41 CFR 60-1.3 Definitions. EACH required AAP must be updated every 12 months. In my experience most contractors have a calendar year AAP running from Jan – Dec, but there is NO REQUIREMENT that the AAPs cover any particular 12-month period. In fact, since the AAP must be in place not more 120 days after the award of any contract, it would be impossible for every contractor/subcontractor to have identical anniversary dates. Because of the different dollar value thresholds for coverage for one of the AAPs it’s also possible, perhaps even likely, that the anniversary dates/annual update efforts of at least the VEVRAA AAP will be different than the other two. While this would be unusual in the experience of the OFCCP, it is well within the regulatory parameters and will be the case for at least some contractors/subcontractors. By the way, while there is no requirement that the three programmatic AAPs be BOUND separately, I always recommend that they are. These are INDIVIDUAL, and individually required, documents. Further, there is a “right of inspection” of the Vets AAP and that for IWD. Quoting from the applicable regulations: The full affirmative action program, absent the data metrics required by [citation], shall be made available to any employee or applicant for employment for inspection upon request. The location and hours during which the program may be obtained shall be posted at each establishment.) No such requirement exists for the Executive Order AAP and I always advise treating this AAP as entirely confidential. Seeing that material has been redacted or other AAPs removed before handing over the AAP requested by someone for inspection just borrows trouble. Also, mistakes do happen. My short answer may not be the one you were hoping for but I hope the information on the applicability of both the regulations in general and the AAP requirement in particular is useful. The primary citations to the regulations discussed above are: Title 41 Code of Federal Regulations Part 60. You can “Google” 41CFRPart 60-1 for Executive Order regulations, or Section 60-300 for vets or Section 741 for the Rehabilitation Act requirements. I recommend that you look for the electronic regulations published and maintained by the government. See https://ecfr.io/Title-41/Part-60

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.