22.801
Definitions
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.