FAR 22.803—Responsibilities.
Plain-English Summary
FAR 22.803 explains who is responsible for administering and enforcing the equal employment opportunity requirements tied to Executive Order 11246 and the implementing regulations in this subpart. It identifies the Secretary of Labor as the official with overall authority for administration, enforcement, rulemaking, and issuance of orders needed to carry out the Executive Order. It also explains that this authority is largely delegated to the Deputy Assistant Secretary, except for general rulemaking, and it assigns agency heads the duty to ensure compliance within their agencies and to cooperate with the Office of Federal Contract Compliance Programs (OFCCP). Finally, it tells contracting officers what to do when there is doubt about whether the Executive Order and its regulations apply: they must refer the issue through agency channels to the Deputy Assistant Secretary for resolution. In practice, this section is about lines of authority, internal coordination, and escalation, so contractors and contracting personnel know who decides coverage questions and who is responsible for making the program work.
Key Rules
Labor Secretary’s authority
The Secretary of Labor is responsible for administering and enforcing the applicable parts of Executive Order 11246. The Secretary also has authority to adopt rules, regulations, and orders necessary to carry out the Executive Order’s purposes.
Delegation to Deputy Assistant Secretary
Most of the Secretary’s responsibilities under Executive Order 11246 are delegated to the Deputy Assistant Secretary. The main exception is the issuance of rules and regulations of a general nature, which remains outside that delegation.
Agency head compliance duty
Each agency head must ensure that the requirements of this subpart are carried out within the agency. Agency heads must also cooperate with and assist OFCCP in performing its responsibilities.
Coverage disputes must be referred
If there is a question about whether Executive Order 11246 and its implementing regulations apply, the contracting officer must forward the matter through agency channels to the Deputy Assistant Secretary for resolution.
Responsibilities
Secretary of Labor
Oversee administration and enforcement of the prescribed parts of Executive Order 11246 and issue the rules, regulations, and orders needed to achieve its purposes.
Deputy Assistant Secretary
Carry out the responsibilities assigned to the Secretary under Executive Order 11246, except for issuing rules and regulations of a general nature.
Agency head
Ensure the requirements of this subpart are implemented within the agency and cooperate with and assist OFCCP in fulfilling its responsibilities.
Contracting officer
When applicability of Executive Order 11246 or its implementing regulations is questioned, forward the matter through agency channels to the Deputy Assistant Secretary for resolution.
OFCCP
Perform its enforcement and oversight responsibilities under the Executive Order, with agency cooperation and assistance.
Practical Implications
Coverage and enforcement questions are not for local resolution when applicability is uncertain; they must be elevated through agency channels to the Deputy Assistant Secretary.
Agency leadership cannot treat equal employment compliance as solely a contracting-office issue; the agency head has an affirmative duty to ensure the subpart is implemented across the agency.
Contracting officers should avoid making ad hoc judgments on borderline applicability questions, because misclassification can lead to improper contract administration or missed compliance obligations.
OFCCP coordination is built into the rule, so agencies should expect to support investigations, compliance reviews, and related enforcement activity.
Contractors should understand that the enforcement chain runs through Labor/OFCCP, not just the contracting officer, which affects how compliance issues and coverage disputes are handled.
Official Regulatory Text
(a) The Secretary of Labor is responsible for the- (1) Administration and enforcement of prescribed parts of E.O. 11246; and (2) Adoption of rules and regulations and the issuance of orders necessary to achieve the purposes of E.O. 11246. (b) The Secretary of Labor has delegated authority and assigned responsibility to the Deputy Assistant Secretary for carrying out the responsibilities assigned to the Secretary by E.O. 11246, except for the issuance of rules and regulations of a general nature. (c) The head of each agency is responsible for ensuring that the requirements of this subpart are carried out within the agency, and for cooperating with and assisting the OFCCP in fulfilling its responsibilities. (d) In the event the applicability of E.O. 11246 and implementing regulations is questioned, the contracting officer shall forward the matter to the Deputy Assistant Secretary, through agency channels, for resolution.