Overview
This section prescribes the mandatory inclusion of FAR clause 52.222-36, "Equal Opportunity for Workers with Disabilities," in federal solicitations and contracts exceeding $20,000, unless specific geographic or regulatory exceptions apply.
Key Rules
- Threshold: The clause must be included in any solicitation or contract that exceeds—or is expected to exceed—$20,000.
- Geographic Exception: The requirement does not apply if both the performance of work and the recruitment of workers occur entirely outside the United States and its outlying areas (specifically Puerto Rico, Northern Mariana Islands, American Samoa, Guam, U.S. Virgin Islands, and Wake Island).
- Waiver Exception: The clause is omitted if the Director of the Office of Federal Contract Compliance Programs (OFCCP) or the agency head waives all terms of the clause.
- Alternate I: If a waiver is granted for only specific terms (not the entire clause), the contracting officer must use the basic clause with its Alternate I.
Practical Implications
- Contracting officers must verify the performance location and recruitment strategy for international contracts to determine if disability non-discrimination requirements apply.
- The $20,000 threshold serves as a low bar for compliance, meaning the vast majority of federal prime contracts must include these protections for workers with disabilities.