22.1403
Waivers
FAR 22.1403 allows for waivers of disability equal opportunity requirements in contracts when justified by national interest or security, but strict procedures and notifications must be followed.
Overview
FAR 22.1403 outlines the procedures and authorities for waiving the requirements of the Equal Opportunity for Workers with Disabilities clause (FAR 52.222-36) and related subpart provisions. Waivers may be granted by the Director of the Office of Federal Contract Compliance Programs (OFCCP) or the head of an agency under specific circumstances, such as national interest or national security. The section also details the process for requesting waivers, notification requirements, and the conditions under which waivers may be withdrawn.
Key Rules
- OFCCP Waiver Authority
- The Director of OFCCP can waive all or part of the Equal Opportunity for Workers with Disabilities clause for individual contracts or groups of contracts if it serves the national interest, especially when individual consideration is impracticable and administrative convenience is enhanced.
- Agency Head Waiver for National Security
- The head of an agency may waive requirements if the contract is essential to national security, but must notify the OFCCP Director in writing within 30 days.
- Waiver Requests
- Contracting officers must submit waiver requests following their agency’s procedures.
- Withdrawal of Waivers
- The OFCCP Director may withdraw a class waiver for future contracts if necessary to fulfill the Act’s purpose, with specific timing restrictions for sealed bidding.
Responsibilities
- Contracting Officers: Submit waiver requests per agency procedures.
- Contractors: Be aware of potential waivers and their withdrawal; comply unless a waiver is granted.
- Agencies: Notify OFCCP of national security waivers; follow proper procedures for requesting and documenting waivers.
Practical Implications
- This section provides flexibility for agencies and contractors in exceptional circumstances, such as national interest or security.
- Contractors should not assume waivers are automatic and must comply unless formally notified.
- Failure to follow proper waiver procedures or notification requirements can result in noncompliance or loss of waiver protections.