FAR 22.1400—Scope of subpart.
Plain-English Summary
FAR 22.1400 is the scope statement for the subpart implementing federal affirmative action and nondiscrimination requirements for individuals with disabilities under section 503 of the Rehabilitation Act of 1973, Executive Order 11758, and the Department of Labor’s implementing regulations at 41 CFR part 60-741. It tells readers that the subpart is not creating a standalone policy from scratch; instead, it is the FAR’s vehicle for applying those external legal authorities in federal contracting. The section also establishes an important interpretive rule: when this subpart uses the words “contract” and “contractor,” those terms also include “subcontract” and “subcontractor,” unless the context clearly indicates otherwise. In practice, that means the requirements can flow down beyond prime contracts and affect subcontracting relationships as well. This section matters because it frames the entire subpart’s reach, identifies the legal sources that control, and prevents narrow readings that would exclude subcontractors from coverage. For contracting officers and contractors, it signals that compliance obligations must be understood in light of both the FAR and the underlying labor regulations.
Key Rules
Implements disability laws
This subpart exists to implement section 503 of the Rehabilitation Act, Executive Order 11758, and the Secretary of Labor’s regulations at 41 CFR part 60-741. Those authorities govern federal contractor obligations related to individuals with disabilities.
FAR is a procedural vehicle
The section makes clear that the subpart prescribes policies and procedures for carrying out the external legal requirements. In other words, the FAR section explains how the government applies those rules in contracting, rather than setting a separate substantive standard.
Contract includes subcontract
For purposes of this subpart, the term “contract” is read broadly to include “subcontract.” This prevents parties from avoiding coverage by structuring work through lower-tier agreements.
Contractor includes subcontractor
Likewise, “contractor” includes “subcontractor” unless the context requires a different reading. This means subcontractors may be subject to the same compliance concepts and obligations addressed in the subpart.
Context still matters
The expanded definitions apply within this subpart, but only to the extent the context does not indicate otherwise. Users must still read each requirement carefully to determine whether it applies to primes, subs, or both.
Responsibilities
Contracting Officer
Apply this subpart as the implementing framework for section 503-related requirements in federal contracting and recognize that the coverage may extend to subcontracting arrangements when the subpart or incorporated clauses require it.
Prime Contractor
Understand that obligations under this subpart may reach subcontracting relationships and ensure compliance planning accounts for both prime contract and subcontract performance where applicable.
Subcontractor
Recognize that, for purposes of this subpart, subcontractors can be treated as contractors and may be bound by the same disability-related requirements when the subpart applies to them.
Agency
Use the subpart as the policy and procedural mechanism for implementing the Rehabilitation Act, Executive Order 11758, and DOL regulations in procurement actions.
Department of Labor
Provide the substantive regulatory framework at 41 CFR part 60-741 that the FAR subpart implements and that governs contractor obligations.
Practical Implications
This section is a scope-and-definition provision, so it controls how the rest of the subpart is read; missing it can lead to underestimating who is covered.
Contractors should not assume only the prime contract matters—subcontracting tiers may also be implicated because the terms are expressly expanded.
Contracting officers should use this section to avoid drafting or interpreting requirements too narrowly when disability-related obligations are incorporated into solicitations or contracts.
Because the section points to external authorities, compliance analysis must include the Rehabilitation Act, the Executive Order, and 41 CFR part 60-741, not just the FAR text.
A common pitfall is treating “contractor” as limited to the entity in privity with the government; this section expressly warns against that reading within the subpart.
Official Regulatory Text
This subpart prescribes policies and procedures for implementing section 503 of the Rehabilitation Act of 1973, as amended ( 29 U.S.C. 793 ) (the Act); Executive Order 11758, January 15,1974; and the regulations of the Secretary of Labor ( 41 CFR Part 60 -741). In this subpart, the terms "contract" and "contractor" include "subcontract" and "subcontractor."