FAR 22.1305—Waivers.
Plain-English Summary
FAR 22.1305 explains when the government may waive the requirements tied to the veterans equal opportunity clause at 52.222-35, Equal Opportunity for Veterans, and who has authority to do so. It covers two kinds of waivers by the Director, Office of Federal Contract Compliance Programs (OFCCP): waivers for a single contract and waivers for groups or categories of contracts, both only when the waiver is in the national interest, with additional findings required for group/category waivers. It also covers a separate agency-level waiver authority when a contract is essential to national security and compliance would prevent award, along with the requirement to notify the Department of Labor within 30 days. The section further tells contracting officers how to route waiver requests under agency procedures and gives the Deputy Assistant Secretary of Labor authority to withdraw an approved waiver before award when needed to carry out the Act’s purposes. In practice, this section is about rare exceptions to veterans’ equal opportunity requirements, the approval chain for those exceptions, and the timing rules that matter most during acquisition planning and pre-award processing.
Key Rules
OFCCP may grant waivers
The Director, OFCCP may waive all or part of the clause at 52.222-35 for an individual contract or for groups/categories of contracts. Any waiver must be justified as being in the national interest.
Group waivers need extra findings
For a waiver covering groups or categories of contracts, it must also be impracticable to decide each request individually, and the waiver must be determined to substantially help administer the Act. This makes broad waivers harder to obtain than contract-specific waivers.
National security waiver authority
The head of the agency may waive any requirement in this subpart if the contract is essential to national security and award without complying with the requirements is necessary to national security. This is a separate, high-level authority reserved for urgent security needs.
Written notice required
When the agency head uses the national security waiver authority, the agency must notify the Deputy Assistant Secretary of Labor in writing within 30 days. The notice requirement creates a post-decision accountability step.
Requests follow agency procedures
Contracting officers do not grant waivers themselves; they must submit waiver requests in accordance with agency procedures. This means the internal approval path and documentation standards of the agency control how requests are processed.
Approved waivers can be withdrawn
The Deputy Assistant Secretary of Labor may withdraw an approved waiver for a specific contract or group of contracts before award if necessary to achieve the purposes of the Act. Once a contract is awarded, the withdrawal does not apply to that awarded contract.
Sealed bidding timing protection
For sealed bidding, a withdrawal of an approved waiver does not affect the procurement unless it is made more than 10 calendar days before bid opening. This protects the integrity and predictability of the sealed-bid process.
Responsibilities
Director, Office of Federal Contract Compliance Programs (OFCCP), Department of Labor
May approve waivers of the Equal Opportunity for Veterans clause for individual contracts or groups/categories of contracts when the national interest standard is met, and may consider the additional requirements for broader waivers.
Head of the agency
May waive requirements in this subpart only when the contract is essential to national security and award without compliance is necessary to national security. Must notify the Deputy Assistant Secretary of Labor in writing within 30 days after making the determination.
Contracting officer
Must submit waiver requests in accordance with agency procedures and ensure the request is routed through the proper approval channels with the required supporting facts and documentation.
Deputy Assistant Secretary of Labor
May withdraw an approved waiver for a specific contract or group of contracts before award when necessary to achieve the purposes of the Act. Must recognize that withdrawal does not affect already awarded contracts and has limited effect in sealed bidding if not timely.
Agency
Must maintain procedures for processing waiver requests and ensure internal coordination so that waiver determinations, notices, and timing requirements are handled correctly.
Practical Implications
Waivers under this section are exceptions, not routine tools; contractors should not assume veterans’ equal opportunity requirements can be bypassed without a strong, documented justification.
The biggest risk is timing: a waiver may be approved, but it can still be withdrawn before award, and in sealed bidding the 10-day rule can change whether the withdrawal affects the procurement.
Contracting officers need to follow agency-specific waiver procedures exactly; a request sent to the wrong office or missing required support can delay award or invalidate the process.
National security waivers require a high-level determination and written notice to Labor, so agencies should document the necessity carefully to withstand review.
Contractors should monitor solicitations and award timing closely when a waiver is involved, because the compliance posture can change before award but generally not after award for the affected contract.
Official Regulatory Text
(a) The Director, Office of Federal Contract Compliance Programs, Department of Labor, may waive any or all of the terms of the clause at 52.222-35 , Equal Opportunity for Veterans, for- (1) Any contract if a waiver is in the national interest; or (2) Groups or categories of contracts if a waiver is in the national interest and it is- (i) Impracticable to act on each request individually; and (ii) Determined that the waiver will substantially contribute to convenience in administering the Act. (b) The head of the agency may waive any requirement in this subpart when it is determined that the contract is essential to the national security, and that its award without complying with such requirements is necessary to the national security. Upon making such a determination, the head of the agency must notify the Deputy Assistant Secretary of Labor in writing within 30 days. (c) The contracting officer must submit requests for waivers in accordance with agency procedures. (d) The Deputy Assistant Secretary of Labor may withdraw an approved waiver for a specific contract or group of contracts to be awarded, when in the Deputy’s judgment such action is necessary to achieve the purposes of the Act. The withdrawal does not apply to awarded contracts. For procurements entered into by sealed bidding, such withdrawal does not apply unless the withdrawal is made more than 10 calendar days before the date set for the opening of bids.