Federal Acquisition Regulation: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities
A Rule by the
Entry Type: Rule
Action: Interim rule.
Document Citation: 79 FR 43575
Page: 43575 -43579 (5 pages)
CFR: 48 CFR 1
48 CFR 22
48 CFR 52
Agency/Docket Numbers: FAC 2005-76
FAR Case 2014-013
Docket 2014-0013, Sequence 1
Document Number: 2014-17498
Shorter URL: https://federalregister.gov/a/2014-17498
DoD, GSA, and
Comment Date: Interested parties should submit written comments to the Regulatory Secretariat on or before
Submit comments identified by FAC 2005-76, FAR Case 2014-013, by any of the following methods:
Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for "FAR Case 2014-013" Select the link "Comment Now" that corresponds with "FAR Case 2014-013." Follow the instructions provided at the "Comment Now" screen. Please include your name, company name (if any), and "FAR Case 2014-013" on your attached document.
Instructions: Please submit comments only and cite FAC 2005-76, FAR Case 2014-013, in all correspondence related to this case. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT:
DoD, GSA, and
"Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Special Disabled Veterans,
"Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals with Disabilities", which amended DOL regulations at 41 CFR part 60-741 (78 FR 58682).
II. Discussion and Analysis
A. Subpart 22.13--Equal Opportunity for Veterans
This interim rule amends the definitions in FAR subpart 22.13 to conform to the definitions in 41 CFR 60-300.2.
Adds a definition of "active duty wartime or campaign badge veteran," which replaces the definition of "other protected veteran." The only change is in the definition title.
Adds a definition of "protected veteran."
Expands policy at FAR 22.1302 to address appropriate outreach and recruitment, and hiring benchmarks.
B. Subpart 22.14--Employment of Workers With Disabilities
The interim rule amends FAR subpart 22.14 to conform to DOL regulations at 41 CFR part 60-741.
Changes references to the title of the FAR clause at 52.222-36 to "Equal Opportunity for Workers with Disabilities".
Changes the responsible official at DOL to the "Director of Federal Contract Compliance Programs" (Director of OFCCP).
Expands policy at FAR 22.1401 to address appropriate outreach and recruitment, and utilization goals, as prescribed in the regulations of the Secretary of Labor.
Amends the waiver authority at FAR 22.1403 to be the Director of the
The DOL regulations contain two revised Equal Opportunity clauses at 41 CFR 60-300.5 (relating to veterans) and 41 CFR 60-741.5 (relating to individuals with disabilities).
The clause for Equal Opportunity for VEVRAA Protected Veterans provides clarification of mandatory listing of employment openings and posting of notices, in paragraphs 2, 4, 9, and 12 of 41 CFR 60-300.5(a).
The clause for Equal Opportunity for Workers with Disabilities adds some requirements with regard to posting in electronic format and making notices accessible to persons with disabilities, in paragraphs 4 and 7 of 41 CFR 60-741.5(a).
Both clauses add requirements with regard to contractor solicitations or advertisements for employees, requiring inclusion of statements that all qualified applicants will receive consideration for employment, without regard to their protected veteran status; and that qualified applicants will not be discriminated against on the basis of disability.
At 41 CFR 60-300.5(d) and 41 CFR 60-741.5(d), each entitled "Inclusion of the equal opportunity clause in the contract," the DOL regulations provide that it is not necessary to include the equal opportunity clause verbatim in the contract (as had been considered in the proposed rule), but that the clause shall be made a part of the contract by citation to 41 CFR 60-300.5(a) and 41 CFR 60-741.5(a) respectively, and then provides a short paragraph that must be included after the citation, providing a brief summary that highlights to contractors and subcontractors the nature of their obligation, i.e.;
This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractor and subcontractors to employ and advance in employment qualified protected veterans; and
This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
Therefore, in the interim FAR rule, the clauses at FAR 52.222-35, Equal Opportunity for Veterans, and 52.222-36, Equal Opportunity for Workers with Disabilities, do not repeat the entire equal opportunity clauses from the DOL regulations. Instead, each clause provides a citation to the applicable clause in the DOL regulations and includes a statement that summarizes the contractors' top level obligations under each clause. The FAR clauses must be incorporated in the contract in full text, as required by the DOL regulations.
Because some of the definitions and clause flowdown are not included within the equal opportunity clauses in the DOL regulations, the FAR clause 52.222-35 adds a paragraph to reference the appropriate definitions at FAR 22.1301, relating to types of veterans, and both 52.222-35 and 52.222-36 include a final paragraph requiring clause flowdown.
At 41 CFR 60-300.5(e) and 41 CFR 60-741.5(e), each paragraph entitled "Incorporation by Operation of the Act," the DOL regulations state that the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the Act and the regulation to include such clause, whether or not it is physically incorporated in such contract.
A minor conforming change has been made to the clause at FAR 52.222-37, Employment Reports on Veterans, to add a definition of "active duty wartime or campaign badge veterans," because the term "other protected veterans" is no longer defined in FAR subpart 22.13. However, the term "other protected veterans" still appears on the VETS-100 report, so the term is explained as equivalent in meaning to "active duty wartime or campaign badge veterans." The FAR clause 52.222-37 has also been added to the lists at 52.212-5(e) and 52.244-6 to require flowdown to commercial subcontracts.
D. Additional Contractor Duties
The DOL regulations mandate in 41 CFR part 60 additional duties that contractors must perform. Contractors must consult the DOL regulations at 41 CFR parts 60-250, 60-300, and 60-741 to understand their full obligations. The contract clause does not include detail on the duties.
This rule does not change the threshold for applicability of FAR subpart 22.13 and the associated clause at 52.222-35, which is
Although the statute (section 503 of the Rehabilitation Act of 1973) (29 U.S.C. 793) originally established a threshold of
[*Federal RegisterVJ 2014-07-25]
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