22.801 Definitions
Source: FAR 22.801 on acquisition.gov
FAR 22.801 defines essential terms for Equal Employment Opportunity compliance, ensuring contractors and agencies apply EEO requirements consistently and correctly.
Overview
FAR 22.801 provides definitions for key terms used throughout Subpart 22.8, which governs Equal Employment Opportunity (EEO) requirements for federal contractors and subcontractors. These definitions clarify the scope and application of EEO obligations, including who is considered a contractor or subcontractor, what constitutes an affirmative action program, and the meaning of terms such as "Equal Opportunity clause," "compliance evaluation," and "site of construction." The section also references Executive Order 11246 and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) as central authorities for EEO compliance.
Key Rules
- Affirmative Action Program
- Contractors must have programs that comply with Department of Labor regulations to ensure equal employment opportunity for minorities and women.
- Compliance Evaluation
- OFCCP may conduct various actions to assess contractor compliance with EEO requirements under E.O. 11246.
- Definitions of Contractor and Subcontractor
- Clarifies that both prime contractors and subcontractors are subject to EEO requirements if their contracts are covered by E.O. 11246.
- Equal Opportunity Clause
- Refers to the mandatory clause at FAR 52.222-26, which must be included in applicable contracts.
- Other Key Terms
- Provides definitions for terms such as gender identity, sexual orientation, site of construction, and United States, ensuring clarity in application and compliance.
Responsibilities
- Contracting Officers: Ensure the correct application of definitions when determining EEO requirements and contract clauses.
- Contractors: Understand and apply these definitions to maintain compliance with EEO obligations, especially regarding affirmative action and reporting.
- Agencies: Oversee compliance and conduct evaluations as needed through the OFCCP.
Practical Implications
- This section ensures all parties have a common understanding of terms critical to EEO compliance, reducing ambiguity and supporting consistent enforcement. Misunderstanding these definitions can lead to noncompliance, improper contract administration, or failed audits.
As used in this subpart-
Affirmative action program means a contractor’s program that complies with Department of Labor regulations to ensure equal opportunity in employment to minorities and women.
Compliance evaluation means any one or combination of actions that the Office of Federal Contract Compliance Programs (OFCCP) may take to examine a Federal contractor’s compliance with one or more of the requirements of E.O. 11246.
Contractor includes the terms "prime contractor" and "subcontractor."
Deputy Assistant Secretary means the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, or a designee.
Equal Opportunity clause means the clause at 52.222-26, Equal Opportunity, as prescribed in 22.810(e).
E.O. 11246 means PartsII and IV of Executive Order 11246, September 24,1965 (30 FR12319), and any Executive order amending or superseding this order (see 22.802). This term specifically includes the Equal Opportunity clause at 52.222-26, and the rules, regulations, and orders issued pursuant to E.O. 11246 by the Secretary of Labor or a designee.
Gender identity has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html" target="_blank">www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
Prime contractor means any person who holds, or has held, a Government contract subject to E.O. 11246.
Recruiting and training agency means any person who refers workers to any contractor or provides or supervises apprenticeship or training for employment by any contractor.
Sexual orientation has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html" target="_blank">www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
Site of construction means the general physical location of any building, highway, or other change or improvement to real property that is undergoing construction, rehabilitation, alteration, conversion, extension, demolition, or repair; and any temporary location or facility at which a contractor or other participating party meets a demand or performs a function relating to a Government contract or subcontract.
Subcontract means any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee)-
(1) For the purchase, sale, or use of personal property or nonpersonal services that, in whole or in part, are necessary to the performance of any one or more contracts; or
(2) Under which any portion of the contractor’s obligation under any one or more contracts is performed, undertaken, or assumed.
Subcontractor means any person who holds, or has held, a subcontract subject to E.O. 11246. The term "first-tier subcontractor" means a subcontractor holding a subcontract with a prime contractor.
United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.