Overview
FAR 22.1403 outlines the specific conditions and authorities under which the government may waive the requirement to include the "Equal Opportunity for Workers with Disabilities" clause in federal contracts.
Key Rules
- OFCCP Authority: The Director of the Office of Federal Contract Compliance Programs (OFCCP) may waive requirements for individual contracts or categories of contracts if deemed in the national interest or necessary for administrative convenience.
- National Security: Agency heads may independently waive requirements if the contract is essential to national security; however, they must notify the Director of the OFCCP within 30 days of making such a determination.
- Request Process: Contracting officers do not have independent waiver authority and must submit formal requests following their specific agency procedures.
- Withdrawal of Waivers: The OFCCP may withdraw a class waiver at any time, but the withdrawal is not retroactive to existing contracts and includes a 10-day "grace period" for sealed bidding solicitations.
Practical Implications
- Waivers are high-level administrative actions and are rarely granted except in cases of extreme necessity or sensitive national security operations.
- Contractors should assume full compliance with disability nondiscrimination and affirmative action requirements is mandatory unless a specific written waiver is identified in the solicitation or contract.