22.810 Solicitation provisions and contract clauses
Source: FAR 22.810 on acquisition.gov
FAR 22.810 mandates specific EEO-related clauses and provisions in federal solicitations and contracts based on contract type, value, and performance location to ensure compliance with Executive Order 11246.
Overview
FAR 22.810 details the required solicitation provisions and contract clauses that must be included by contracting officers to ensure compliance with Equal Employment Opportunity (EEO) requirements under Executive Order 11246. This section specifies which clauses and provisions must be inserted into solicitations and contracts based on contract type (construction or non-construction), contract value thresholds, and performance location. The primary focus is on ensuring that contractors are aware of and comply with EEO obligations, including prohibitions on segregated facilities, affirmative action requirements, and compliance reporting.
Key Rules
- Prohibition of Segregated Facilities (52.222-21)
- Must be included in all solicitations and contracts containing the Equal Opportunity clause.
- Previous Contracts and Compliance Reports (52.222-22)
- Required in solicitations to gather contractor compliance history.
- Affirmative Action for Construction (52.222-23)
- Included in construction solicitations over $10,000.
- Preaward On-Site Compliance Evaluation (52.222-24)
- Required in non-construction solicitations expected to exceed $10 million.
- Affirmative Action Compliance (52.222-25)
- Inserted in non-construction solicitations with the Equal Opportunity clause.
- Equal Opportunity Clause (52.222-26)
- Mandatory in most solicitations and contracts unless fully exempt; Alternate I used for partial exemptions.
- Affirmative Action for Construction (52.222-27)
- Required in construction contracts over $10,000.
- Notification of Visa Denial (52.222-29)
- Required if performance is in or on behalf of a foreign country.
Responsibilities
- Contracting Officers: Must ensure all applicable EEO-related clauses and provisions are included in solicitations and contracts based on contract type, value, and location.
- Contractors: Must comply with all EEO requirements, including reporting, affirmative action, and non-segregation of facilities.
- Agencies: Oversee compliance and ensure proper clause inclusion and enforcement.
Practical Implications
This section ensures that all federal contracts include the necessary provisions to enforce EEO laws and policies, reducing the risk of non-compliance. Contractors must be vigilant in understanding which clauses apply to their contracts, especially regarding thresholds and contract types. Failure to include or comply with these clauses can result in contract delays, penalties, or disqualification from federal contracting.
(a) When a contract is contemplated that will include the clause at 52.222-26, Equal Opportunity, the contracting officer shall insert-
(1) The clause at 52.222-21, Prohibition of Segregated Facilities, in the solicitation and contract; and
(2) The provision at 52.222-22, Previous Contracts and Compliance Reports, in the solicitation.
(b) The contracting officer shall insert the provision at 52.222-23, Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction, in solicitations for construction when a contract is contemplated that will include the clause at 52.222-26, Equal Opportunity, and the amount of the contract is expected to be in excess of $10,000.
(c) The contracting officer shall insert the provision at 52.222-24, Preaward On-Site Equal Opportunity Compliance Evaluation, in solicitations other than those for construction when a contract is contemplated that will include the clause at 52.222-26, Equal Opportunity, and the amount of the contract is expected be $10 million or more.
(d) The contracting officer shall insert the provision at 52.222-25, Affirmative Action Compliance, in solicitations, other than those for construction, when a contract is contemplated that will include the clause at 52.222-26, Equal Opportunity.
(e) The contracting officer shall insert the clause at 52.222-26, Equal Opportunity, in solicitations and contracts (see 22.802) unless the contract is exempt from all of the requirements of E.O. 11246 (see 22.807(a)). If the contract is exempt from one or more, but not all, of the requirements of E.O. 11246, the contracting officer shall use the clause with its Alternate I.
(f) The contracting officer shall insert the clause at 52.222-27, Affirmative Action Compliance Requirements for Construction, in solicitations and contracts for construction that will include the clause at 52.222-26, Equal Opportunity, when the amount of the contract is expected to be in excess of $10,000.
(g) The contracting officer shall insert the clause at 52.222-29, Notification of Visa Denial, in contracts that will include the clause at 52.222-26, Equal Opportunity, if the contractor is required to perform in or on behalf of a foreign country.