Applicability
VEVRAA requirements and veteran reporting obligations apply to most federal contracts and subcontracts of $150,000 or more, with specific exemptions for certain government and foreign entities.
Overview
FAR 22.1303 outlines the applicability of the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) requirements to federal contracts and subcontracts. It specifies that the Act applies to contracts and subcontracts for personal property and nonpersonal services, including construction, valued at $150,000 or more, unless a waiver is granted by the Secretary of Labor. The section also clarifies that the Equal Opportunity for Veterans clause (FAR 52.222-35) does not apply to state or local government entities that do not participate in the contract work. Additionally, it mandates the submission of the VETS-4212 Report for contracts and subcontracts of $150,000 or more, with exceptions for certain state/local government awards and foreign organizations recruiting outside the U.S.
Key Rules
- Applicability Threshold
- VEVRAA requirements apply to contracts/subcontracts for personal property and nonpersonal services (including construction) of $150,000 or more, unless waived.
- State and Local Government Exemption
- The Equal Opportunity for Veterans clause does not apply to state/local government entities not participating in the contract work.
- VETS-4212 Reporting Requirement
- Contractors and subcontractors awarded $150,000 or more must submit the VETS-4212 Report, except for certain state/local government and foreign awards.
Responsibilities
- Contracting Officers: Ensure inclusion of the appropriate clauses and verify applicability based on contract value and entity participation.
- Contractors: Determine if their contract meets the $150,000 threshold, comply with reporting requirements, and understand exemptions.
- Agencies: Oversee compliance and ensure proper application of waivers and exemptions.
Practical Implications
- This section ensures that veteran employment protections and reporting requirements are consistently applied to significant federal contracts.
- Contractors must be vigilant about the $150,000 threshold and understand when exemptions apply, particularly for state/local governments and foreign contracts.
- Failure to comply with reporting or clause requirements can result in noncompliance findings or contract issues.