22.1310
Solicitation provision and contract clauses
FAR 22.1310 mandates specific veteran-related clauses and provisions in federal contracts based on value, location, and acquisition type, ensuring compliance with veteran employment and reporting requirements.
Overview
FAR 22.1310 prescribes the required solicitation provisions and contract clauses to ensure compliance with veteran employment and equal opportunity requirements in federal contracts. It specifies when to include the Equal Opportunity for Veterans clause (52.222-35), the Employment Reports on Veterans clause (52.222-37), and the Compliance with Veterans’ Employment Reporting Requirements provision (52.222-38) in solicitations and contracts, based on contract value, location of work, and type of acquisition. The section also addresses waiver scenarios and the use of alternate clauses when only partial waivers are granted.
Key Rules
- Equal Opportunity for Veterans Clause (52.222-35)
- Must be included in solicitations and contracts expected to exceed $150,000, unless work is performed outside the U.S. by employees recruited outside the U.S., or a waiver is granted by the Department of Labor or agency head.
- Alternate I for Partial Waivers
- If only some terms of 52.222-35 are waived, use the basic clause with Alternate I.
- Employment Reports on Veterans Clause (52.222-37)
- Required in solicitations and contracts that include 52.222-35.
- Compliance with Veterans’ Employment Reporting Requirements Provision (52.222-38)
- Must be included in solicitations expected to exceed the simplified acquisition threshold, except for commercial products or services.
Responsibilities
- Contracting Officers: Ensure correct clauses and provisions are included based on contract value, type, and location; apply waivers as appropriate.
- Contractors: Comply with the requirements of the included clauses, including reporting and equal opportunity obligations.
- Agencies: Oversee waiver processes and ensure compliance with veteran employment regulations.
Practical Implications
- Ensures federal contracts promote veteran employment and equal opportunity.
- Missing or incorrect clauses can result in noncompliance and potential contract issues.
- Contractors must be aware of reporting and compliance obligations triggered by these clauses.