FAR 22.804—Affirmative action programs.

Nonconstruction.

FAR 22.804-1 sets the basic affirmative action program (AAP) requirement for nonconstruction federal contractors and subcontractors. It explains who must prepare a written AAP, when the requirement applies, what dollar and employee thresholds trigger coverage, how Government bills of lading are treated, and the deadline for creating the program after the first covered federal contract, subcontract, or bill of lading begins. In practice, this section is the starting point for determining whether a nonconstruction business must maintain establishment-level affirmative action plans under the federal equal employment opportunity rules. It matters because failure to identify coverage early can lead to missed compliance deadlines, audit findings, and broader labor and employment risk on federal awards. The section also points readers to FAR 22.807, which contains exceptions that can remove or modify the requirement in some cases.

Construction.

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.