22.1302
Policy
Contractors must take affirmative action for protected veterans, list most job openings, conduct outreach, set hiring benchmarks, and submit the VETS-4212 report to remain eligible for most federal contracts.
Overview
FAR 22.1302 establishes the policy requirements for contractors and subcontractors under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). It mandates affirmative action and nondiscrimination in employment for protected veterans, including disabled veterans, and sets forth specific obligations for listing job openings, outreach, recruitment, and reporting. The section also restricts agencies from awarding contracts to contractors who have not submitted the required annual VETS-4212 report, unless the contract is for commercial products/services or falls below the simplified acquisition threshold.
Key Rules
- Job Listing Requirement
- Contractors must list all employment openings with the appropriate employment service delivery system, except for executive/senior management positions, internal hires, and jobs lasting three days or less.
- Affirmative Action and Nondiscrimination
- Contractors must take affirmative action to employ and advance qualified protected veterans and treat them without discrimination in all employment practices.
- Outreach and Recruitment
- Contractors are required to conduct outreach and positive recruitment activities to effectively recruit protected veterans.
- Hiring Benchmark
- Contractors must establish and annually apply a hiring benchmark for protected veterans at each establishment as prescribed by the Department of Labor.
- VETS-4212 Reporting Requirement
- Agencies cannot award most contracts to contractors who have not submitted the required VETS-4212 report for the previous fiscal year, if subject to reporting requirements.
Responsibilities
- Contracting Officers: Must ensure contractors have submitted the VETS-4212 report before awarding applicable contracts.
- Contractors: Must list job openings, take affirmative action, conduct outreach, set hiring benchmarks, and submit the VETS-4212 report if required.
- Agencies: Must not obligate funds for contracts with non-compliant contractors.
Practical Implications
- This section ensures equal employment opportunity for veterans and requires contractors to demonstrate proactive efforts in hiring and advancing protected veterans. Failure to comply can result in ineligibility for federal contracts. Common pitfalls include missing job listing exceptions, inadequate outreach, or failing to submit the VETS-4212 report.