52.222-38
Compliance with Veterans’ Employment Reporting Requirements
Offerors subject to veterans’ employment reporting must certify they have filed the latest VETS-4212 Report to be eligible for federal contracts.
Overview
- FAR 52.222-38 requires offerors to certify, as part of their proposal, that they have complied with veterans’ employment reporting requirements if applicable. Specifically, if the offeror is subject to 38 U.S.C. 4212(d) (i.e., if their contracts include FAR 52.222-37), they must have filed the most recent VETS-4212 Report. This provision ensures that contractors seeking federal contracts are in compliance with statutory reporting obligations regarding the employment of covered veterans.
Key Rules
- Offeror Representation
- Offerors must affirm, by submitting their offer, that they have filed the required VETS-4212 Report if subject to the reporting requirements.
- Applicability Trigger
- The requirement applies only to offerors with contracts containing FAR 52.222-37, which implements the reporting requirements of 38 U.S.C. 4212(d).
Responsibilities
- Contracting Officers: Must include this provision in solicitations as prescribed and verify offeror compliance.
- Contractors: Must ensure timely filing of the VETS-4212 Report if subject to the requirement and accurately represent compliance in their offer.
- Agencies: Oversee compliance and may verify reporting status as part of responsibility determinations.
Practical Implications
- This provision exists to enforce statutory reporting on veteran employment, supporting federal efforts to track and promote veteran hiring.
- Contractors who fail to file the VETS-4212 Report risk being found noncompliant and ineligible for contract award.
- Common pitfalls include misunderstanding applicability or failing to file the report before submitting an offer.