22.805
Procedures
For contracts and first-tier subcontracts of $10 million or more (excluding construction), contracting officers must obtain OFCCP preaward clearance unless the contractor is listed in the National Preaward Registry, ensuring EEO compliance before award.
Overview
FAR 22.805 outlines the procedures contracting officers must follow to obtain preaward clearances from the Office of Federal Contract Compliance Programs (OFCCP) for contracts and first-tier subcontracts valued at $10 million or more (excluding construction). The regulation details when and how to request clearances, exceptions to the requirement, information to include in requests, and timelines for OFCCP responses. It also addresses urgent contract awards and the process for postaward evaluations if preaward clearance is not feasible. Additionally, it requires contracting officers to provide contractors with "Equal Employment Opportunity Is The Law" posters.
Key Rules
- Preaward Clearance Requirement
- For contracts and first-tier subcontracts of $10 million or more, contracting officers must request OFCCP clearance before award or significant modification, unless exceptions apply.
- Exceptions to Clearance
- No clearance is needed if the contractor is listed in the OFCCP National Preaward Registry, the award is within 24 months of their Notice of Compliance, and the review is documented.
- Request Process and Content
- Requests must be sent to the appropriate OFCCP regional office and include specific contractor and subcontractor information, anticipated award date, and contract values.
- Timelines
- Requests should be submitted at least 30 days before award. OFCCP has 15 days to indicate intent to evaluate and 20 additional days to conclude, or clearance is presumed.
- Urgent Awards
- For urgent contracts, special procedures allow for award without preaward clearance, but require postaward evaluation and justification.
- Poster Requirement
- Contracting officers must provide contractors with required EEO posters.
Responsibilities
- Contracting Officers: Must request and document OFCCP clearances, follow specified timelines, provide required information, handle urgent awards per procedures, and furnish EEO posters.
- Contractors: Must comply with EEO requirements and may be subject to compliance evaluations.
- Agencies: Must oversee compliance, maintain documentation, and coordinate with OFCCP as required.
Practical Implications
- Ensures that large federal contracts are awarded only to contractors in compliance with EEO laws.
- Delays in clearance requests or incomplete information can postpone contract awards.
- Contractors should maintain up-to-date compliance status to benefit from Registry exceptions.
- Failure to comply can result in enforcement actions and jeopardize contract awards.