Contract clause
Include the Equal Opportunity for Workers with Disabilities clause in all contracts over $20,000 unless specific geographic or waiver exceptions apply.
Overview
FAR 22.1408 requires contracting officers to include the clause at 52.222-36, Equal Opportunity for Workers with Disabilities, in all solicitations and contracts expected to exceed $20,000. This clause ensures that contractors provide equal employment opportunities to qualified individuals with disabilities. There are two main exceptions: (1) if both the work and recruitment occur entirely outside specified U.S. jurisdictions, or (2) if the Director of the Office of Federal Contract Compliance Programs (OFCCP) or the agency head grants a full waiver. If only part of the clause is waived, the contracting officer must use the clause with its Alternate I provision. This section ensures compliance with Section 503 of the Rehabilitation Act and related regulations, promoting workplace inclusion for individuals with disabilities.
Key Rules
- Clause Inclusion Requirement
- The clause at 52.222-36 must be included in contracts and solicitations over $20,000, unless specific exceptions apply.
- Geographic and Waiver Exceptions
- The clause is not required if work and recruitment are outside the U.S. and its territories, or if a full waiver is granted by the OFCCP Director or agency head.
- Partial Waiver Handling
- If only some terms are waived, use the clause with Alternate I.
Responsibilities
- Contracting Officers: Must ensure the correct clause (basic or Alternate I) is included in applicable contracts and solicitations, and verify any waivers.
- Contractors: Must comply with the requirements of 52.222-36 if the clause is included in their contract.
- Agencies: Responsible for oversight and for granting waivers when justified.
Practical Implications
This section ensures that federal contracts promote equal opportunity for workers with disabilities, except in limited circumstances. Contractors must be aware of when the clause applies and ensure compliance to avoid violations. Common pitfalls include overlooking the clause in eligible contracts or misunderstanding waiver provisions.