22.1403 Waivers
Source: FAR 22.1403 on acquisition.gov
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details the process for requesting waivers, notification requirements, and the conditions under which waivers may be withdrawn.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.
(a) The Director of the Office of Federal Contract Compliance Programs of the U.S. Department of Labor (Director of OFCCP), may waive the application of any or all of the terms of the clause at 52.222-36, Equal Opportunity for Workers with Disabilities, for-
(1) Any contract if a waiver is deemed to be in the national interest; or
(2) Groups or categories of contracts if a waiver is in the national interest and it is-
(i) Impracticable to act on each request individually; and
(ii) Determined that the waiver will substantially contribute to convenience in administering the Act.
(b) The head of an agency may waive any requirement in this subpart when it is determined that the contract is essential to the national security, and that its award without complying with such requirements is necessary to the national security. Upon making such a determination, the head of the agency shall notify the Director of OFCCP in writing within 30 days.
(c) The contracting officer shall submit requests for waivers in accordance with agency procedures.
(d) A waiver granted for a particular class of contracts may be withdrawn for any contract within that class whenever considered necessary by the Director of OFCCP to achieve the purposes of the Act. The withdrawal shall not apply to contracts awarded before the withdrawal. The withdrawal shall not apply to solicitations under any means of sealed bidding unless it is made more than 10 days before the date set for bid opening.