22.1310 Solicitation provision and contract clauses
Source: FAR 22.1310 on acquisition.gov
FAR 22.1310 requires specific clauses and provisions in solicitations and contracts to enforce veteran equal opportunity and reporting obligations, with clear thresholds and exceptions.
Overview
FAR 22.1310 prescribes the use of specific solicitation provisions and contract clauses to ensure compliance with equal opportunity and reporting requirements for veterans in federal contracting. It mandates the inclusion of the clause at 52.222-35 (Equal Opportunity for Veterans) in solicitations and contracts expected to exceed $200,000, with certain exceptions such as work performed outside the U.S. by foreign-recruited employees or when waivers are granted. If only part of the clause is waived, Alternate I must be used. Additionally, contracts containing 52.222-35 must also include 52.222-37 (Employment Reports on Veterans). For solicitations expected to exceed the simplified acquisition threshold and not for commercial products or services, provision 52.222-38 (Compliance with Veterans’ Employment Reporting Requirements) must be included. These requirements ensure that contractors are aware of and comply with federal policies on veteran employment and reporting.
(a)
(1) Insert the clause at 52.222-35, Equal Opportunity for Veterans, in solicitations and contracts if the expected value is $200,000 or more, except when-
(i) Work is performed outside the United States by employees recruited outside the United States; or
(ii) The Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, has waived, in accordance with 22.1305(a), or the head of the agency has waived, in accordance with 22.1305(b), all of the terms of the clause.
(2) If the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, or the head of the agency waives one or more (but not all) of the terms of the clause, use the basic clause with its Alternate I.
(b) Insert the clause at 52.222-37, Employment Reports on Veterans, in solicitations and contracts containing the clause at 52.222-35, Equal Opportunity for Veterans.
(c) Insert the provision at 52.222-38, Compliance with Veterans’ Employment Reporting Requirements, in solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.