22.1402
Applicability
All federal contracts over $20,000 for supplies and services must include equal opportunity provisions for workers with disabilities, unless specifically waived.
Overview
FAR 22.1402 outlines the applicability of Section 503 of the Rehabilitation Act of 1973 to federal contracts. It mandates that all government contracts for supplies and services, including construction, exceeding $20,000 must comply with requirements promoting equal opportunity for workers with disabilities, unless a waiver is granted by the Secretary of Labor. The regulation is implemented through the inclusion of FAR clause 52.222-36 in applicable contracts. For contracts with state or local governments, the requirements do not extend to agencies or subdivisions not participating in the contract work.
Key Rules
- Applicability Threshold
- Section 503 applies to all federal contracts for supplies and services (including construction) over $20,000, unless specifically waived.
- Implementation Clause
- The requirements are enforced through FAR clause 52.222-36, which must be included in applicable contracts.
- State and Local Government Contracts
- The clause does not apply to state or local government entities not involved in the contract work.
Responsibilities
- Contracting Officers: Must ensure the inclusion of FAR 52.222-36 in all qualifying contracts and verify applicability to state/local government entities.
- Contractors: Must comply with equal opportunity requirements for workers with disabilities if their contract exceeds $20,000.
- Agencies: Must oversee compliance and process any waivers from the Secretary of Labor.
Practical Implications
- This section ensures that federal contractors provide equal employment opportunities to individuals with disabilities on qualifying contracts. Contractors must be vigilant about the $20,000 threshold and the inclusion of the required clause. Misapplying the clause to non-participating state/local entities or failing to include it in eligible contracts are common compliance pitfalls.