52.222-35 Equal Opportunity for Veterans
Source: FAR 52.222-35 on acquisition.gov
FAR 52.222-35 requires federal contractors to provide equal opportunity and affirmative action for protected veterans, and to ensure these requirements are flowed down to qualifying subcontracts.
Overview
FAR 52.222-35, Equal Opportunity for Veterans, requires federal contractors and subcontractors to provide equal employment opportunities to protected veterans and to take affirmative action to employ and advance qualified protected veterans. The clause incorporates definitions for various categories of veterans and mandates compliance with the equal opportunity requirements set forth in 41 CFR 60-300.5(a). Contractors must flow down this clause to applicable subcontracts at or above the threshold specified in FAR 22.1303(a), unless exempted. The clause also allows for certain terms to be waived via Alternate I, as specified in the contract. Contractors are responsible for enforcing these requirements in their subcontracts and must cooperate with the Office of Federal Contract Compliance Programs (OFCCP) in cases of noncompliance.
Key Rules
- Definitions of Protected Veterans
- Contractors must use the definitions provided in FAR 22.1301 for categories such as disabled veteran, recently separated veteran, and others.
- Equal Opportunity and Affirmative Action
- Contractors are prohibited from discriminating against protected veterans and must take affirmative action to employ and advance them.
- Subcontract Flowdown
- The clause must be included in subcontracts at or above the specified threshold, with appropriate modifications to identify the parties.
- Enforcement and Cooperation
- Contractors must act as directed by the OFCCP Director to enforce compliance and address noncompliance.
- Alternate I Waiver
- Certain terms of the clause may be waived for specific contracts if listed in the preamble.
Responsibilities
- Contracting Officers: Ensure inclusion of the clause in applicable contracts and subcontracts; specify any waivers if Alternate I is used.
- Contractors: Comply with equal opportunity and affirmative action requirements; flow down the clause to qualifying subcontracts; enforce compliance; cooperate with OFCCP.
- Agencies: Oversee contractor compliance and address violations through OFCCP.
Practical Implications
- This clause exists to promote employment opportunities for veterans and ensure federal contractors do not discriminate against them.
- Contractors must be diligent in applying the clause to subcontracts and maintaining documentation of compliance.
- Common pitfalls include failing to flow down the clause, misunderstanding veteran definitions, or not implementing affirmative action measures.
As prescribed in 22.1310(a)(1), insert the following clause:
Equal Opportunity for Veterans (Jun 2020)
(a) Definitions. As used in this clause-
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
Alternate I (Jul 2014). As prescribed in 22.1310 (a)(2), add the following as a preamble to the clause:
Notice: The following term(s) of this clause are waived for this contract: ______________________ [List term(s)].