Overview
FAR 22.1305 establishes the authority and procedures for waiving the "Equal Opportunity for Veterans" requirements when justified by the national interest or national security.
Key Rules
- Department of Labor (DOL) Authority: The Director of the Office of Federal Contract Compliance Programs (OFCCP) may waive requirements for individual contracts or categories of contracts if it is in the national interest and aids administrative convenience.
- National Security Exception: Agency heads may waive requirements if the contract is essential to national security, provided they notify the Deputy Assistant Secretary of Labor within 30 days of the determination.
- Procedural Requirements: Contracting officers must submit waiver requests following specific agency protocols rather than acting independently.
- Withdrawal Provisions: The DOL reserves the right to withdraw previously granted waivers for future awards, though withdrawals cannot be applied retroactively to awarded contracts or within 10 days of a sealed bid opening.
Practical Implications
- Waivers are rare and require high-level justification; contractors should assume full compliance with the Equal Opportunity for Veterans clause is mandatory unless specifically notified otherwise.
- The 30-day notification rule for national security waivers ensures that while agency heads have autonomy for sensitive missions, the Department of Labor maintains oversight of the program's overall integrity.