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    Home/FAR Navigator/22/22.1/22.1408

    FAR Navigator

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    • 22Application of Labor Laws to Government Acquisitions
      • 22.000Scope of part.
      • 22.001Definitions.
      • 22.1Subpart 22.1
        • 22.101Labor relations.
        • 22.102Federal and State labor requirements.
        • 22.103Overtime.
        • 22.1000Scope of subpart.
        • 22.1001Definitions.
        • 22.1002Statutory and Executive order requirements.
        • 22.1003Applicability.
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        • 22.1005[Reserved]
        • 22.1006Solicitation provisions and contract clauses.
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        • 22.1906Contract clause.
      • 22.2Subpart 22.2
      • 22.3Subpart 22.3
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      • 22.5Subpart 22.5
      • 22.6Subpart 22.6
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    • 51Use of Government Sources by Contractors
    • 52Solicitation Provisions and Contract Clauses
    • 53Forms
    Up to 22.1
    SectionUpdated April 16, 2026

    FAR 22.1408—Contract clause.

    Plain-English Summary

    FAR 22.1408 tells contracting officers when to include the Equal Opportunity for Workers with Disabilities clause, FAR 52.222-36, in solicitations and contracts. It covers the dollar threshold for coverage, the geographic exception for work and recruitment performed entirely outside the listed U.S. jurisdictions, and the waiver process when the Director of OFCCP or an agency head has waived the clause under FAR 22.1403. It also explains what to do when only some, but not all, of the clause’s terms are waived: use the basic clause with Alternate I. In practice, this section is the implementation rule that ensures disability nondiscrimination requirements are flowed into covered federal acquisitions unless a specific regulatory exception applies. For contractors, it signals when the clause will be part of the contract and therefore when compliance obligations attach. For contracting officers, it is a mandatory clause-insertion rule that must be checked during solicitation and award preparation.

    Key Rules

    Insert clause above threshold

    Include FAR 52.222-36, Equal Opportunity for Workers with Disabilities, in solicitations and contracts that exceed or are expected to exceed $20,000. The rule applies based on the anticipated value, so the clause must be included even before award if the procurement is expected to cross the threshold.

    Foreign performance exception

    Do not insert the clause if both the performance of the work and the recruitment of workers will occur outside the United States and the listed U.S. jurisdictions: Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. This exception applies only when both conditions are met.

    Full waiver exception

    Omit the clause when the Director of OFCCP or the agency head has waived all of the clause’s terms under FAR 22.1403(a) or 22.1403(b). A complete waiver removes the need to include the basic clause or an alternate version.

    Partial waiver requires alternate

    If only one or more, but not all, of the clause’s terms are waived, include the basic clause with Alternate I. This preserves the non-waived requirements while tailoring the clause to the approved waiver.

    Waiver authority controls

    Any waiver must come from the Director of OFCCP or the agency head under the procedures in FAR 22.1403. Contracting officers may not create their own waiver or modify the clause informally outside the authorized waiver process.

    Responsibilities

    Contracting Officer

    Determine whether the acquisition exceeds or is expected to exceed $20,000, check whether the foreign-performance exception applies, verify whether a waiver has been granted, and insert either the basic clause, Alternate I, or no clause as required.

    Agency Head

    When authorized under FAR 22.1403(b), approve waivers of all or part of the clause’s terms and ensure the waiver is properly documented and applied in the acquisition.

    Director of OFCCP

    When authorized under FAR 22.1403(a), grant waivers of all or part of the clause’s terms and communicate the scope of the waiver so the contracting officer can use the correct clause version.

    Contractor

    Review the solicitation and contract to identify whether the disability equal opportunity clause applies, and comply with the clause terms or any approved alternate version once incorporated into the contract.

    Practical Implications

    1

    The main day-to-day task is clause screening: contracting officers must decide early whether the acquisition is over the $20,000 threshold and whether any exception or waiver applies.

    2

    A common pitfall is assuming the foreign-performance exception applies whenever work is overseas; it applies only if both the work and recruitment occur outside the specified U.S. areas.

    3

    Another frequent error is using no clause or the wrong clause version after a partial waiver; if only some terms are waived, the basic clause with Alternate I is required.

    4

    Contractors should not assume the clause is absent just because the solicitation is silent at first glance; it may be added later by amendment or appear in the final contract.

    5

    Because the rule is tied to waiver authority, any deviation from the standard clause should be supported by the actual waiver documentation, not by local practice or informal approval.

    Official Regulatory Text

    (a) Insert the clause at 52.222-36 , Equal Opportunity for Workers with Disabilities, in solicitations and contracts that exceed or are expected to exceed $20,000, except when- (1) Both the performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island; or (2) The Director of OFCCP or agency head has waived, in accordance with 22.1403 (a) or 22.1403 (b) all the terms of the clause. (b) If the Director of OFCCP or agency head waives one or more (but not all) of the terms of the clause in accordance with 22.1403 (a) or 22.1403 (b), use the basic clause with its Alternate I.

    Back to 22.1FAR Navigator
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