22.1305 Waivers
Source: FAR 22.1305 on acquisition.gov
FAR 22.1305 allows for waivers of veteran equal opportunity requirements in the national interest or for national security, but strict procedures and notifications must be followed.
Overview
FAR 22.1305 outlines the procedures and authorities for waiving certain requirements related to the Equal Opportunity for Veterans clause (FAR 52.222-35) and other requirements in Subpart 22.13. Waivers may be granted in the national interest or for national security reasons, and specific processes must be followed for requesting, approving, and withdrawing waivers. The section clarifies who can grant waivers, under what circumstances, and the necessary notifications and documentation required.
Key Rules
- Waiver by Department of Labor (DOL)
- The Director of the Office of Federal Contract Compliance Programs (OFCCP) may waive all or part of the Equal Opportunity for Veterans clause for individual contracts or groups of contracts if it serves the national interest. For groups, the waiver must also be impracticable to handle individually and must aid in administering the Act.
- Waiver for National Security
- The head of the agency may waive requirements if the contract is essential to national security and compliance would hinder national security. Written notification to the Deputy Assistant Secretary of Labor is required within 30 days.
- Waiver Requests
- Contracting officers must follow agency procedures to submit waiver requests.
- Withdrawal of Waivers
- The Deputy Assistant Secretary of Labor can withdraw waivers for contracts not yet awarded if necessary to fulfill the Act’s purpose. For sealed bids, withdrawal must occur more than 10 days before bid opening to be effective.
Responsibilities
- Contracting Officers: Submit waiver requests per agency procedures and ensure compliance with notification requirements.
- Contractors: Be aware that waivers may be granted or withdrawn and monitor contract clauses for changes.
- Agencies: Notify the Department of Labor when waivers are granted for national security and maintain documentation.
Practical Implications
- This section provides flexibility for agencies and the DOL to waive certain veteran-related equal opportunity requirements when justified by national interest or security. Contractors should be aware that waivers can be granted or withdrawn, potentially affecting contract requirements. Timely communication and documentation are critical to ensure compliance and avoid disruptions.
(a) The Director, Office of Federal Contract Compliance Programs, Department of Labor, may waive any or all of the terms of the clause at 52.222-35, Equal Opportunity for Veterans, for-
(1) Any contract if a waiver is in the national interest; or
(2) Groups or categories of contracts if a waiver is in the national interest and it is-
(i) Impracticable to act on each request individually; and
(ii) Determined that the waiver will substantially contribute to convenience in administering the Act.
(b) The head of the agency may waive any requirement in this subpart when it is determined that the contract is essential to the national security, and that its award without complying with such requirements is necessary to the national security. Upon making such a determination, the head of the agency must notify the Deputy Assistant Secretary of Labor in writing within 30 days.
(c) The contracting officer must submit requests for waivers in accordance with agency procedures.
(d) The Deputy Assistant Secretary of Labor may withdraw an approved waiver for a specific contract or group of contracts to be awarded, when in the Deputy’s judgment such action is necessary to achieve the purposes of the Act. The withdrawal does not apply to awarded contracts. For procurements entered into by sealed bidding, such withdrawal does not apply unless the withdrawal is made more than 10 calendar days before the date set for the opening of bids.