Overview
This section establishes the foundational terminology used in FAR Subpart 22.8, defining the legal scope, responsible authorities, and specific protections regarding Equal Employment Opportunity (EEO) in federal contracting. It primarily serves to clarify which entities and agreements are subject to the requirements of Executive Order 11246.
Key Rules
- Broad Definition of Contractor: The term "contractor" is inclusive of both prime contractors and subcontractors, ensuring EEO requirements flow down through the supply chain.
- Subcontract Scope: A subcontract is defined broadly to include any agreement for property or services necessary to the performance of a federal contract, or any arrangement where a portion of the prime's obligation is assumed by another party.
- Authority of E.O. 11246: The definitions anchor the subpart to Executive Order 11246, its implementing regulations, and the specific contract clause at 52.222-26.
- OFCCP Oversight: The Office of Federal Contract Compliance Programs (OFCCP) is established as the authority for "compliance evaluations," which are the formal actions taken to examine a contractor's adherence to EEO laws.
- Protected Categories: Definitions for "gender identity" and "sexual orientation" are explicitly tied to Department of Labor (DOL) interpretations, ensuring consistency between FAR and DOL enforcement.
- Geographic Jurisdictions: The "United States" is defined to include the 50 states, D.C., and specific territories including Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the U.S. Virgin Islands, and Wake Island.
Practical Implications
- Supply Chain Liability: Because "subcontract" is defined so broadly (covering anything "necessary" to contract performance), many commercial vendors may unknowingly fall under the definition of a federal subcontractor and become subject to OFCCP oversight.
- Compliance Readiness: Contractors must be prepared for "compliance evaluations" that go beyond simple data reviews, as the definition allows the OFCCP to use any combination of actions to verify E.O. 11246 compliance.
- Regulatory Alignment: By referencing external DOL websites for definitions of sexual orientation and gender identity, the FAR requires contractors to monitor DOL administrative updates to ensure their internal non-discrimination policies remain current.