Overview
This section prescribes the specific clauses and provisions that contracting officers must include in solicitations and contracts to enforce equal opportunity and reporting requirements for protected veterans. It establishes the dollar thresholds and conditions under which these requirements apply, as well as exceptions for international work or specific waivers.
Key Rules
- FAR 52.222-35 (Equal Opportunity for Veterans): This clause must be included in solicitations and contracts with an expected value of $200,000 or more.
- Exceptions: It is not required if the work is performed entirely outside the U.S. by staff recruited outside the U.S., or if a total waiver is granted by the Department of Labor or the agency head.
- Alternate I: Used if only a partial waiver of the clause terms is granted.
- FAR 52.222-37 (Employment Reports on Veterans): This clause is mandatory in any contract that also contains the Equal Opportunity for Veterans clause (52.222-35).
- FAR 52.222-38 (Compliance with Veterans’ Employment Reporting Requirements): This provision must be included in solicitations expected to exceed the Simplified Acquisition Threshold (SAT), provided the acquisition is not for commercial products or commercial services.
Practical Implications
- Compliance Burden: Contractors winning awards over $200,000 must actively manage veteran hiring practices and adhere to Department of Labor reporting requirements (typically via the VETS-4212 report).
- Threshold Monitoring: Contracting officers must carefully monitor contract values at the solicitation stage to ensure these clauses are present, as the $200,000 threshold triggers significant social-policy obligations.
- Commercial Item Exception: While equal opportunity rules generally apply broadly, the specific "Compliance" provision (52.222-38) is waived for commercial product/service acquisitions, slightly reducing the administrative certification burden for commercial vendors.