FAR 22.801—Definitions.
Plain-English Summary
FAR 22.801 is the definitions section for Subpart 22.8, which implements the equal employment opportunity requirements tied to Executive Order 11246. It tells contractors, contracting officers, and compliance personnel exactly how to interpret the key terms used throughout the subpart, including affirmative action program, compliance evaluation, contractor, deputy assistant secretary, Equal Opportunity clause, E.O. 11246, gender identity, prime contractor, recruiting and training agency, sexual orientation, site of construction, subcontract, subcontractor, first-tier subcontractor, and United States. These definitions matter because they determine who is covered, what obligations apply, where those obligations apply, and how OFCCP enforcement and compliance reviews are conducted. In practice, this section is the foundation for deciding whether a contract or subcontract is subject to E.O. 11246, whether the Equal Opportunity clause must be included, and which entities may be reviewed or held responsible for compliance. It also incorporates current OFCCP interpretations for gender identity and sexual orientation, which affects contractor nondiscrimination and affirmative action obligations. Because many of the terms are broad and include both current and former holders of contracts or subcontracts, the definitions have continuing compliance significance beyond award and performance.
Key Rules
Affirmative action program defined
An affirmative action program is the contractor’s program that complies with Department of Labor regulations to ensure equal employment opportunity for minorities and women. This definition ties the term to the regulatory framework, not just a general policy statement.
OFCCP compliance evaluation
A compliance evaluation is any action, or combination of actions, that OFCCP may use to examine a federal contractor’s compliance with E.O. 11246 requirements. The term is broad and covers the agency’s various review tools, not just a single audit type.
Contractor includes subcontractors
For this subpart, 'contractor' includes both prime contractors and subcontractors. That means obligations and enforcement concepts may apply at multiple tiers, depending on the contract relationship.
Equal Opportunity clause reference
The Equal Opportunity clause means the clause at 52.222-26, as prescribed in 22.810(e). This definition is important because the clause is the operative contract term that carries E.O. 11246 requirements into the contract.
E.O. 11246 scope
E.O. 11246 includes Parts II and IV of the Executive Order, any amending or superseding executive order, the Equal Opportunity clause, and the rules, regulations, and orders issued under the order by the Secretary of Labor or designee. The definition makes clear that the term covers the full legal and regulatory package, not only the original executive order text.
Protected identity terms
Gender identity and sexual orientation have the meanings given by OFCCP and are referenced to OFCCP guidance. Contractors must look to current OFCCP interpretations for how these terms are applied in equal employment opportunity compliance.
Prime contractor and subcontractor
A prime contractor is any person who holds, or has held, a government contract subject to E.O. 11246. A subcontractor is any person who holds, or has held, a subcontract subject to E.O. 11246, and a first-tier subcontractor is one that has a subcontract directly with a prime contractor.
Recruiting and training agency
A recruiting and training agency is any person who refers workers to a contractor or provides or supervises apprenticeship or training for employment by a contractor. This definition extends the compliance framework to outside entities that influence hiring and training pipelines.
Site of construction
The site of construction includes the general physical location of construction-related work on real property and any temporary location or facility where a contractor or participating party performs a function relating to a government contract or subcontract. This definition is important for determining where construction-related obligations apply.
Subcontract defined broadly
A subcontract includes agreements or arrangements between a contractor and another person, excluding employer-employee relationships, for personal property or nonpersonal services necessary to contract performance, or for any portion of the contractor’s contractual obligation. The definition is intentionally broad to capture many downstream arrangements.
United States geographic scope
United States includes the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. This definition sets the geographic reach of the subpart’s coverage.
Responsibilities
Contracting Officer
Ensure the Equal Opportunity clause is included when required and apply the definitions in determining whether a contract or subcontract is subject to E.O. 11246. The contracting officer must also understand the scope of covered entities and locations when administering the contract.
Contractor
Maintain an affirmative action program that complies with Department of Labor regulations when covered, flow down applicable requirements to subcontractors, and understand that compliance obligations may extend to former holders of covered contracts. Contractors must also ensure nondiscrimination practices reflect OFCCP’s current interpretations of gender identity and sexual orientation.
Subcontractor
Comply with E.O. 11246 requirements when the subcontract is covered, including any flowed-down Equal Opportunity clause obligations. Subcontractors should recognize that they may be subject to OFCCP compliance evaluations and related enforcement.
OFCCP
Conduct compliance evaluations and interpret or enforce E.O. 11246 requirements, including the meanings of gender identity and sexual orientation as referenced in OFCCP guidance. OFCCP also uses these definitions to determine coverage and review contractor compliance.
Department of Labor / Secretary of Labor or designee
Issue rules, regulations, and orders under E.O. 11246 and provide the authoritative framework for affirmative action and equal employment opportunity compliance. The Department’s interpretations shape how the definitions are applied in practice.
Recruiting and training agencies
When they refer workers or provide/supervise apprenticeship or training for contractor employment, they must understand that their activities may be part of the contractor’s compliance environment. These entities should support lawful, nondiscriminatory access to employment and training opportunities.
Practical Implications
These definitions control coverage, so a contract team cannot determine E.O. 11246 obligations without first identifying whether the parties, work, and location fit the defined terms.
The phrase 'has held' means former contractors and subcontractors may still matter for compliance history and enforcement, so records should be retained and compliance issues should not be treated as ending automatically at closeout.
Construction contractors should pay close attention to the broad 'site of construction' definition because temporary facilities and related locations can be covered, not just the main jobsite.
Because 'subcontract' is defined broadly, many vendor, service, and supply arrangements may trigger flowdown and compliance review obligations if they support contract performance.
Contractors should use current OFCCP guidance for gender identity and sexual orientation rather than relying on outdated internal policies or assumptions, since those terms are tied to agency interpretation.
Official Regulatory Text
As used in this subpart- Affirmative action program means a contractor’s program that complies with Department of Labor regulations to ensure equal opportunity in employment to minorities and women. Compliance evaluation means any one or combination of actions that the Office of Federal Contract Compliance Programs (OFCCP) may take to examine a Federal contractor’s compliance with one or more of the requirements of E.O. 11246. Contractor includes the terms "prime contractor" and "subcontractor." Deputy Assistant Secretary means the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, or a designee. Equal Opportunity clause means the clause at 52.222-26 , Equal Opportunity, as prescribed in 22.810 (e). E.O. 11246 means PartsII and IV of Executive Order 11246, September 24,1965 (30 FR12319), and any Executive order amending or superseding this order (see 22.802 ). This term specifically includes the Equal Opportunity clause at 52.222-26 , and the rules, regulations, and orders issued pursuant to E.O. 11246 by the Secretary of Labor or a designee. Gender identity has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html . Prime contractor means any person who holds, or has held, a Government contract subject to E.O. 11246. Recruiting and training agency means any person who refers workers to any contractor or provides or supervises apprenticeship or training for employment by any contractor. Sexual orientation has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html . Site of construction means the general physical location of any building, highway, or other change or improvement to real property that is undergoing construction, rehabilitation, alteration, conversion, extension, demolition, or repair; and any temporary location or facility at which a contractor or other participating party meets a demand or performs a function relating to a Government contract or subcontract. Subcontract means any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee)- (1) For the purchase, sale, or use of personal property or nonpersonal services that, in whole or in part, are necessary to the performance of any one or more contracts; or (2) Under which any portion of the contractor’s obligation under any one or more contracts is performed, undertaken, or assumed. Subcontractor means any person who holds, or has held, a subcontract subject to E.O. 11246. The term "first-tier subcontractor" means a subcontractor holding a subcontract with a prime contractor. United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.