FAR 22.1306—Department of Labor notices and reports.
Plain-English Summary
FAR 22.1306 addresses two related Department of Labor compliance items for federal contractors and subcontractors: required equal employment opportunity notices for posting, and the annual veterans’ employment report. In practice, this section tells the contracting officer when to provide the contractor with DOL-prescribed posters or notices for workplace posting, and it tells contractors and subcontractors when they must report protected veterans’ employment data to the Secretary of Labor. The reporting requirement is tied to the clause at FAR 52.222-35, Equal Opportunity for Veterans, and may be waived only when all of that clause’s terms are waived under FAR 22.1305. The report required is the VETS-4212, Federal Contractor Veterans’ Employment Report, which is filed with the Department of Labor. This section matters because it connects contract administration to affirmative action and veterans’ employment compliance, and failure to post required notices or file the annual report can create audit findings, compliance issues, and potential contract administration problems.
Key Rules
Post DOL notices when prescribed
The contracting officer must furnish the contractor with the appropriate notices for posting whenever the Deputy Assistant Secretary of Labor has prescribed them. The notices are the official DOL/OFCCP posters or equivalent materials identified by Labor for contractor workplaces.
Annual veterans report required
Contractors and subcontractors must submit a report at least annually to the Secretary of Labor on employment of protected veterans. The report covers active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans.
VETS-4212 is the required filing
The required annual report is the VETS-4212, Federal Contractor Veterans’ Employment Report. Contractors must use the DOL’s VETS-4212 process and instructions rather than creating an alternate report format.
Reporting tied to clause coverage
The reporting obligation applies unless all of the terms of FAR 52.222-35, Equal Opportunity for Veterans, have been waived under FAR 22.1305. If the clause is fully waived, the reporting requirement does not apply for that contract situation.
Subcontractors are included
The annual reporting requirement is not limited to prime contractors. Subcontractors covered by the Act also must file the VETS-4212 when the reporting obligation applies.
Responsibilities
Contracting Officer
Provide the contractor with the appropriate Department of Labor notices for posting when those notices are prescribed by the Deputy Assistant Secretary of Labor. The contracting officer should ensure the contractor receives the current required posting materials applicable to the contract.
Contractor
Post the required DOL notices when furnished and file the annual VETS-4212 report with the Department of Labor for protected veterans’ employment, unless the reporting requirement has been waived because all terms of FAR 52.222-35 are waived.
Subcontractor
Comply with the same annual veterans’ employment reporting requirement when covered by the Act, including filing the VETS-4212 report with the Department of Labor.
Department of Labor / Deputy Assistant Secretary of Labor
Prescribe the notices that must be posted and administer the veterans’ employment reporting framework, including the VETS-4212 reporting process and instructions.
Practical Implications
Contractors should treat the posting and reporting obligations as separate compliance tasks: one is a workplace notice requirement, the other is an annual data filing requirement.
A common pitfall is assuming the reporting obligation applies only to prime contractors; covered subcontractors may also have to file VETS-4212.
Another frequent issue is missing the annual filing deadline or using outdated filing instructions instead of the current DOL VETS-4212 process.
Contracting officers should verify that the contractor receives the correct posting materials when required, especially when DOL updates the prescribed notices.
If the Equal Opportunity for Veterans clause is waived in full under FAR 22.1305, contractors should confirm whether that waiver also removes the reporting obligation for the affected contract situation.
Official Regulatory Text
(a) The contracting officer must furnish to the contractor appropriate notices for posting when they are prescribed by the Deputy Assistant Secretary of Labor (see http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm ). (b) The Act requires contractors and subcontractors to submit a report at least annually to the Secretary of Labor regarding employment of protected veterans ( i.e. , active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans, unless all of the terms of the clause at 52.222-35 , Equal Opportunity for Veterans, have been waived see 22.1305 ). The contractor and subcontractor must file VETS-4212, Federal Contractor Veterans’ Employment Report (see "VETS-4212 Federal Contractor Reporting" and "Filing Your VETS-4212 Report" at http://www.dol.gov/vets/vets4212.htm ).