22.1303
Applicability
FAR 22.1303 sets a $200,000 threshold for veteran equal opportunity requirements and VETS-4212 reporting, with specific exceptions for certain government and foreign entities.
Overview
FAR 22.1303 outlines when the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) and its implementing regulations apply to federal contracts and subcontracts. It specifies that the Act covers contracts and subcontracts for personal property and nonpersonal services, including construction, valued at $200,000 or more, unless the Secretary of Labor grants a waiver. The section also clarifies exceptions for certain state and local government entities and foreign organizations, and mandates the submission of the VETS-4212 Report for applicable contracts.
Key Rules
- Applicability Threshold
- The Act applies to contracts and subcontracts for personal property and nonpersonal services (including construction) of $200,000 or more, unless waived by the Secretary of Labor.
- State and Local Government Exception
- The Equal Opportunity for Veterans clause (52.222-35) does not apply to state or local government agencies that do not participate in the contract work.
- VETS-4212 Reporting Requirement
- Contractors and subcontractors awarded $200,000 or more must submit the VETS-4212 Report, except for awards to state/local governments and foreign organizations recruiting workers outside the U.S.
Responsibilities
- Contracting Officers: Ensure inclusion of the appropriate clauses and confirm applicability based on contract value and entity type.
- Contractors: Determine if their contract meets the $200,000 threshold, comply with reporting requirements, and understand exceptions.
- Agencies: Oversee compliance and ensure proper application of waivers and exceptions.
Practical Implications
- This section ensures that contractors understand when veteran equal opportunity requirements and reporting obligations apply. It helps avoid unnecessary compliance for exempt entities and clarifies reporting duties, reducing risk of noncompliance. Common pitfalls include misapplying the threshold or failing to submit required reports.