FAR 22.804-2—Construction.
Plain-English Summary
FAR 22.804-2 explains how affirmative action requirements apply to Federal construction contracts. It covers three main subjects: the obligations of construction contractors holding nonexempt Government construction contracts, the agency duty to maintain and update lists of covered geographic areas with minority and women goal requirements, and the contracting officer’s duties to verify coverage, request current OFCCP guidance when needed, and notify the OFCCP after award. It also addresses the requirement to include the applicable contract terms and conditions tied to covered areas or projects, and the need to follow the substantive requirements of 41 CFR 60-1 and 60-4. In practice, this section is the operational bridge between the contract award process and the Department of Labor’s affirmative action enforcement framework for construction. It matters because failure to identify coverage, use the right solicitation/contract clauses, or send timely notice can create compliance problems for both the agency and the contractor, especially on projects in areas with specific minority and women hiring goals.
Key Rules
Covered contractors must comply
Construction contractors holding a nonexempt Government construction contract must meet the affirmative action terms and conditions in the contract and comply with the applicable requirements of 41 CFR 60-1 and 60-4. This means the contractor’s obligations are not limited to the contract clause itself; they also include the external regulatory requirements incorporated by reference.
Use area- or project-specific terms
The contract must include the affirmative action requirements that apply to the covered geographic area or project. Contracting officers must ensure the solicitation and resulting contract reflect the correct coverage so the contractor knows which goals and obligations apply.
Agencies must maintain coverage lists
Each agency must keep a current listing of covered geographic areas subject to affirmative action requirements, including goals for minorities and women in covered construction trades. The agency must also provide updates and additions to the contracting officers who are principally affected, following agency procedures.
Check with OFCCP when coverage is unclear
Before issuing a solicitation for a construction project over $10,000 in an area not known to be covered by specific affirmative action goals, the contracting officer must request the most current information from the OFCCP regional office, or follow the agency’s specified alternative procedure. This prevents issuing a solicitation with outdated or incomplete coverage information.
Notify OFCCP after award
Within 10 working days after award of a covered construction contract, the contracting officer must send written notice to the OFCCP regional office. The notice must include the contractor’s name, address, telephone number, employer identification number, contract dollar amount, estimated start and completion dates, contract number, and the geographic area of performance.
Arrange compliance conferences when requested
If the OFCCP regional office asks for it, the contracting officer must arrange a conference with the contractor, the contracting activity, and compliance personnel. The purpose is to discuss the contractor’s affirmative action and compliance responsibilities.
Responsibilities
Construction Contractor
Comply with the affirmative action requirements stated in the contract and with the applicable provisions of 41 CFR 60-1 and 60-4. The contractor must understand and follow any goals or obligations tied to the covered geographic area or project.
Agency
Maintain an up-to-date listing of covered geographic areas with affirmative action goals for minorities and women in covered construction trades. The agency must also distribute additions or changes to the contracting officers who are principally affected, using agency procedures.
Contracting Officer
Ensure the solicitation and contract include the correct affirmative action terms and conditions for the covered area or project; seek current guidance from the OFCCP regional office before issuing a solicitation for a construction project over $10,000 in an area not known to be covered; provide written notice to OFCCP within 10 working days after award; and arrange a conference if OFCCP requests one.
OFCCP Regional Office
Provide current information on covered geographic areas and applicable goals when requested, and may request a compliance conference after award to discuss the contractor’s responsibilities.
Practical Implications
Contracting officers need to verify coverage early, before solicitation, because the applicable goals can depend on the project location and current OFCCP information.
A common pitfall is relying on outdated area listings or assuming an area is uncovered without checking with OFCCP when required.
The 10-working-day post-award notice is a hard administrative deadline; missing it can create avoidable compliance issues and delay OFCCP oversight.
Contractors should expect that affirmative action obligations may be tied to both the contract clause and external regulations, so they should review both rather than reading the contract in isolation.
When OFCCP requests a conference, agencies should treat it as a required coordination step and ensure the right people attend so compliance expectations are clear from the start.
Official Regulatory Text
(a) Construction contractors that hold a nonexempt (see 22.807 ) Government construction contract are required to meet- (1) The contract terms and conditions citing affirmative action requirements applicable to covered geographical areas or projects; and (2) Applicable requirements of 41 CFR60-1 and 60–4. (b) Each agency shall maintain a listing of covered geographical areas that are subject to affirmative action requirements that specify goals for minorities and women in covered construction trades. Information concerning, and additions to, this listing will be provided to the principally affected contracting officers in accordance with agency procedures. Any contracting officer contemplating a construction project in excess of $10,000 within a geographic area not known to be covered by specific affirmative action goals shall request instructions on the most current information from the OFCCP regional office, or as otherwise specified in agency regulations, before issuing the solicitation. (c) Contracting officers shall give written notice to the OFCCP regional office within 10 working days of award of a construction contract subject to these affirmative action requirements. The notification shall include the name, address, and telephone number of the contractor; employer identification number; dollar amount of the contract; estimated starting and completion dates of the contract; the contract number; and the geographical area in which the contract is to be performed. When requested by the OFCCP regional office, the contracting officer shall arrange a conference among contractor, contracting activity, and compliance personnel to discuss the contractor’s compliance responsibilities.