52.222-36 Equal Opportunity for Workers with Disabilities
Source: FAR 52.222-36 on acquisition.gov
Federal contractors must take affirmative action to employ and advance qualified individuals with disabilities and ensure these requirements are enforced throughout their subcontracting chain.
Overview
FAR 52.222-36 requires federal contractors and subcontractors to provide equal employment opportunity for qualified individuals with disabilities. Contractors must comply with the requirements of 41 CFR 60-741.5(a), which prohibits discrimination and mandates affirmative action to employ and advance workers with disabilities. The clause must be included in all subcontracts and purchase orders above the threshold specified in FAR 22.1408(a), unless exempted. Contractors are responsible for enforcing these requirements throughout their supply chain and must follow directives from the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) regarding noncompliance. An Alternate I version allows for certain terms to be waived if specified in the contract preamble.
Key Rules
- Equal Opportunity Requirement
- Contractors must not discriminate against qualified individuals with disabilities and must take affirmative action to employ and advance them.
- Flowdown to Subcontracts
- The clause must be included in all applicable subcontracts and purchase orders above the specified threshold, unless exempted.
- Enforcement and Compliance
- Contractors must enforce the clause with their subcontractors and vendors, and act on OFCCP directives regarding noncompliance.
- Alternate I Waiver
- Certain terms of the clause may be waived for a specific contract if listed in the preamble.
Responsibilities
- Contracting Officers: Ensure inclusion of the clause in solicitations and contracts as required.
- Contractors: Abide by the equal opportunity requirements, flow down the clause to applicable subcontracts, and enforce compliance.
- Agencies: Oversee contractor compliance and coordinate with OFCCP as needed.
Practical Implications
- This clause ensures federal contractors actively prevent discrimination and promote employment opportunities for individuals with disabilities.
- Contractors must monitor their supply chain for compliance and may face enforcement actions for noncompliance.
- Failure to include the clause in subcontracts or to follow OFCCP directives can result in penalties or loss of contract eligibility.
As prescribed in 22.1408(a), insert the following clause:
Equal Opportunity for Workers with Disabilities (Jun 2020)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, 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 22.1408 (b), 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)].