22.1408
Contract clause
FAR 22.1408 requires the inclusion of the Equal Opportunity for Workers with Disabilities clause in most contracts over $15,000, with specific exceptions and waiver provisions.
Overview
FAR 22.1408 mandates the inclusion of the contract clause at 52.222-36, Equal Opportunity for Workers with Disabilities, in solicitations and contracts expected to exceed $15,000. This requirement applies unless the work and recruitment are entirely outside specified U.S. jurisdictions or if a waiver has been granted by the Director of OFCCP or the agency head. If only part of the clause is waived, the clause must be used with its Alternate I. This section ensures that contractors are aware of their obligations to provide equal employment opportunities to workers with disabilities and clarifies when exceptions or modifications to the clause are permitted.
Key Rules
- Clause Inclusion Requirement
- Insert clause 52.222-36 in contracts and solicitations over $15,000 unless exceptions apply.
- Geographic and Waiver Exceptions
- The clause is not required if work and recruitment are outside the U.S. and territories, or if a full waiver is granted.
- Partial Waiver Handling
- If only some terms are waived, use the clause with Alternate I.
Responsibilities
- Contracting Officers: Ensure the correct clause (and Alternate I, if applicable) is included in eligible contracts and solicitations, and verify any waivers.
- Contractors: Comply with the requirements of clause 52.222-36 as included in their contracts.
- Agencies: Oversee waiver requests and ensure compliance with equal opportunity requirements.
Practical Implications
- This section exists to enforce equal opportunity for workers with disabilities in federal contracting.
- It impacts contract formation and compliance, especially regarding clause inclusion and waiver management.
- Common pitfalls include failing to include the clause when required or misapplying waivers.