Solicitation provisions and contract clauses
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.