22.1402
Applicability
Section 503 requirements and the Equal Opportunity for Workers with Disabilities clause apply to all federal contracts over $15,000, with specific exemptions for non-participating state/local government entities.
Overview
FAR 22.1402 outlines the applicability of Section 503 of the Rehabilitation Act of 1973, which mandates equal opportunity for workers with disabilities. This section specifies that the requirements apply to all federal contracts for supplies and services, including construction, that exceed $15,000, unless a waiver is granted by the Secretary of Labor. The regulation is implemented through the contract clause at FAR 52.222-36. Additionally, for contracts with state or local governments, the requirements do not extend to agencies or subdivisions that are not involved in the contract work.
Key Rules
- Applicability Threshold
- Section 503 applies to all government contracts over $15,000 for supplies and services, including construction, unless specifically waived.
- Implementation Clause
- The requirements are enforced via 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 agencies or subdivisions not participating in the contract work.
Responsibilities
- Contracting Officers: Ensure inclusion of FAR 52.222-36 in contracts over $15,000 and verify applicability to state/local government entities.
- Contractors: Comply with equal opportunity requirements for workers with disabilities as outlined in FAR 52.222-36.
- Agencies: Oversee compliance and determine if waivers apply or if certain state/local entities are exempt.
Practical Implications
- This section ensures that federal contractors provide equal employment opportunities to individuals with disabilities.
- Contractors must be aware of the $15,000 threshold and the specific clause requirements.
- Common pitfalls include failing to include the clause in eligible contracts or misapplying the requirements to non-participating state/local entities.