samsearch
    Platform
    01InfluenceShape the requirement before it's on your competitor's radar.
    Signal
    Recompete window opens in 42 days
    Facilities maintenance IDIQ$8.4M
    Forecast
    Agency spend up 18% next FY
    DoD facilitiesQ3 window
    02CaptureFind and qualify the work across every market.
    Federal91%
    Network engineering support — GSA MAS
    GSA541512
    SLED88%
    Custodial services — Fairfax County Public Schools
    K-12561720
    DIBBS79%
    Aircraft hydraulic fitting — DLA Aviation
    DLANSN 5330
    03AnalyzeExtract requirements and build the compliance matrix.
    Compliance matrix
    L.2.1Technical approachVol I
    L.3.4Staffing planVol I
    M.1Past performanceEvaluated
    SOW breakdown
    Requirements extracted38
    Mapped to Section L/M38
    Every extractionCited
    Ask Sammy
    “Do we meet the small business set-aside?”
    04ManageRun the pursuit through to award.
    Pipeline
    QualifyFacilities support · USACE
    CaptureComms upgrade · DLA
    ProposalShipyard dredging · NAVSEA
    PriyaAlex
    This week
    Submit past performance refsThu
    Confirm subK teamingFri
    Upload SF 33Mon
    05RespondDraft and submit your response.
    Drafting · Volume I
    247 words
    RFI response
    CompanyAcme Robotics LLC
    UEIJK4M8…
    Capability narrativeDrafted
    06FinanceGet paid faster on what you win.
    Capital available
    $2.4M against your award
    Facilities maintenance IDIQAwarded
    Partner matched
    LenderFederal Capital Partners
    Draw available$2.4M
    UnderwritingCleared
    The platform
    Influence
    Capture
    Analyze
    Manage
    Respond
    Finance
    One pipeline, six stages, start to award.
    See the whole platform
    Solutions
    By industry
    Tech & softwareSoftware and SaaS companies entering GovCon.Defense contractorsPrimes and subs in the defense industrial base.ConstructionBuilders bidding federal, state, and local work.CybersecuritySecurity vendors pursuing federal mandates.
    By team
    Capture managers & BDPipeline, qualification, and win strategy.Proposal teamsCompliance matrices and proposal drafting.Subcontractors & primesTeaming, subcontracting, and partner fit.
    By company size
    Small businessesSet-aside and small business contractors.EnterpriseLarge contractors running multiple pursuits.ConsultantsAdvisors and capture consultants.
    Browse all industries
    CustomersPricing
    ResourcesNew
    Learn
    AcademyCourses, guides, and playbooks.WebinarsLive sessions and recordings.DocsProduct documentation and setup guides.Implementation planOperational rollout guidance.
    Tools & data
    Free GovCon toolsCalculators, lookups, and more.Gov ExploreContracts, agencies, and NAICS codes.GovCon eventsConferences, training, and set-aside events.
    Latest blogIntroducing the New SamSearch: The Operating System for Government ContractingSamSearch has a new brand, a new site, and a new way of explaining what the platform actually does — the operating system for government contracting, organized around six stages instead of a single search box. Here's what changed and why.Read the post →
    All resources and tools
    Sign inRequest a demo
    Home/FAR Navigator/22/22.8/22.805

    FAR Navigator

    • 1Federal Acquisition Regulations System
    • 2Definitions of Words and Terms
    • 3Improper Business Practices and Personal Conflicts of Interest
    • 4Administrative and Information Matters
    • 5Publicizing Contract Actions
    • 6Competition Requirements
    • 7Acquisition Planning
    • 8Required Sources of Supplies and Services
    • 9Contractor Qualifications
    • 10Market Research
    • 11Describing Agency Needs
    • 12Acquisition of Commercial Products and Commercial Services
    • 13Simplified Acquisition Procedures
    • 14Sealed Bidding
    • 15Contracting by Negotiation
    • 16Types of Contracts
    • 17Special Contracting Methods
    • 18Emergency Acquisitions
    • 19Small Business Programs
    • 22Application of Labor Laws to Government Acquisitions
      • 22.000Scope of part.
      • 22.001Definitions.
      • 22.1Subpart 22.1
      • 22.2Subpart 22.2
      • 22.3Subpart 22.3
      • 22.4Subpart 22.4
      • 22.5Subpart 22.5
      • 22.6Subpart 22.6
      • 22.8Subpart 22.8
        • 22.800Scope of subpart.
        • 22.801Definitions.
        • 22.802General.
        • 22.803Responsibilities.
        • 22.804Affirmative action programs.
        • 22.805Procedures.
        • 22.806Inquiries.
        • 22.807Exemptions.
        • 22.808Complaints.
        • 22.809Enforcement.
        • 22.810Solicitation provisions and contract clauses.
      • 22.9Subpart 22.9
    • 23Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
    • 24Protection of Privacy and Freedom of Information
    • 25Foreign Acquisition
    • 26Other Socioeconomic Programs
    • 27Patents, Data, and Copyrights
    • 28Bonds and Insurance
    • 29Taxes
    • 30Cost Accounting Standards Administration
    • 31Contract Cost Principles and Procedures
    • 32Contract Financing
    • 33Protests, Disputes, and Appeals
    • 34Major System Acquisition
    • 35Research and Development Contracting
    • 36Construction and Architect-Engineer Contracts
    • 37Service Contracting
    • 38Federal Supply Schedule Contracting
    • 39Acquisition of Information Technology
    • 40Reserved
    • 41Acquisition of Utility Services
    • 42Contract Administration and Audit Services
    • 43Contract Modifications
    • 44Subcontracting Policies and Procedures
    • 45Government Property
    • 46Quality Assurance
    • 47Transportation
    • 48Value Engineering
    • 49Termination of Contracts
    • 50Extraordinary Contractual Actions and the Safety Act
    • 51Use of Government Sources by Contractors
    • 52Solicitation Provisions and Contract Clauses
    • 53Forms
    Up to 22.8
    SectionUpdated April 16, 2026

    FAR 22.805—Procedures.

    Plain-English Summary

    FAR 22.805 explains the preaward clearance process for equal employment opportunity compliance under Executive Order 11246 for large contracts and first-tier subcontracts, and it also addresses furnishing the required EEO poster. In practice, this section tells contracting officers when they must seek OFCCP clearance before award or before a contract modification that is effectively a new award, what information must be sent, where to send it, and how much lead time to allow. It also covers special routing rules for overseas work performed by employees recruited in the United States, an exception for contractors already listed in OFCCP’s National Preaward Registry, and the timing rules under which clearance is presumed if OFCCP does not act within the stated periods. The section further provides an urgent-and-critical contract exception that can permit award without preaward clearance when delay would be unacceptable, but requires immediate postaward review and can lead to enforcement if noncompliance is later found. Finally, it requires the contracting officer to furnish the contractor the appropriate quantities of the “Equal Employment Opportunity Is The Law” poster. The practical purpose is to ensure that large federal procurements do not proceed without an opportunity for OFCCP to review the contractor’s EEO compliance posture, while still preserving flexibility for urgent acquisitions.

    Key Rules

    Preaward clearance threshold

    For contracts and first-tier subcontracts estimated at $10 million or more, the contracting officer must request OFCCP clearance before award, including awards of indefinite-delivery contracts and letter contracts. The same rule applies to modifications that add new effort and would amount to a contract award.

    Direct request to OFCCP

    The contracting officer must send the preaward clearance request directly to the appropriate OFCCP regional office, and verbal requests must be confirmed in writing or by facsimile. This is a formal agency-to-OFCCP process, not something the contractor handles on its own.

    Special routing for overseas work

    If the work will be performed outside the United States but employees are recruited within the United States, the request goes to the OFCCP regional office serving the contractor’s U.S. corporate home or branch office, or the office handling recruiting if different. If the contractor has no U.S. office, the request is based on the U.S. recruiting and training location.

    Registry-based exception

    No preaward clearance request is needed if the proposed contractor is listed in OFCCP’s National Preaward Registry, the projected award date is within 24 months of the Registry Notice of Compliance completion date, and the contracting officer documents the Registry review in the contract file. This is an exception to the normal preaward clearance requirement, not a waiver of EEO obligations.

    Required request content

    The clearance request must identify the prospective contractor and any relevant corporate affiliate, each proposed first-tier subcontractor over the threshold, the anticipated award date, prior Government contract or subcontract history, the place or places of performance, and the estimated dollar amounts if known. The request should be complete enough for OFCCP to assess the compliance risk and decide whether to conduct a review.

    Timing and presumed clearance

    The contracting officer should submit the request as early as feasible and, if possible, at least 30 days before the proposed award date. OFCCP has 15 days to say it intends to conduct a compliance evaluation; if it does not, clearance is presumed. If OFCCP does intend to evaluate, it then has 20 additional days to provide conclusions; if it misses that deadline, clearance is also presumed.

    Urgent and critical award exception

    If the normal process would delay an urgent and critical contract beyond the needed award date or offer expiration, the contracting officer must notify OFCCP immediately and request clearance by the required date. If OFCCP says it cannot finish in time, the contracting officer must submit written justification to the head of the contracting activity, who may approve award without preaward clearance after informing OFCCP.

    Postaward review and enforcement

    When an urgent award is made without preaward clearance, the contracting officer must immediately request a postaward evaluation from OFCCP. If that evaluation finds noncompliance with E.O. 11246, the Deputy Assistant Secretary may authorize enforcement procedures under FAR 22.809 against the contractor.

    Poster distribution requirement

    The contracting officer must furnish the contractor appropriate quantities of the poster titled “Equal Employment Opportunity Is The Law,” using agency procedures. This is a separate administrative requirement from the clearance process.

    Responsibilities

    Contracting Officer

    Determine whether the contract, subcontract, or modification meets the $10 million threshold; request OFCCP preaward clearance when required; route the request to the correct OFCCP regional office; include all required information; allow as much lead time as possible and aim for 30 days before award; document Registry checks when relying on the exception; handle urgent-and-critical award procedures; request postaward evaluation when award proceeds without preaward clearance; and furnish the required EEO posters to the contractor.

    OFCCP Regional Office

    Review preaward clearance requests, decide within 15 days whether it intends to conduct a compliance evaluation, and if it does, provide conclusions within the additional 20-day period. For urgent awards, advise whether a preaward evaluation can be completed by the required date and, when necessary, conduct postaward evaluation.

    Head of the Contracting Activity

    When an urgent and critical award cannot wait for preaward clearance, review the contracting officer’s written justification and may approve award without preaward clearance after informing the OFCCP regional office.

    Deputy Assistant Secretary

    If a postaward evaluation under the urgent-award procedure finds the contractor noncompliant with E.O. 11246, authorize use of enforcement procedures under FAR 22.809 against the contractor.

    Contractor

    Respond to the compliance environment created by OFCCP review, maintain readiness for preaward or postaward evaluation, and post the EEO notice using the posters furnished by the contracting officer. Contractors also should ensure their corporate and subcontracting information is accurate and available for clearance requests.

    Agency

    Follow internal procedures for transmitting clearance requests, tracking deadlines, and distributing posters, and ensure contracting personnel understand when the Registry exception or urgent-award exception applies.

    Practical Implications

    1

    This section is a schedule-sensitive compliance checkpoint for large procurements: if the contracting officer waits too long to submit the request, award can be delayed even when the acquisition is otherwise ready.

    2

    Contractors should expect OFCCP scrutiny on large awards and should keep corporate identity, affiliate, prior contract history, and performance-location information current so the contracting officer can submit a complete request.

    3

    The National Preaward Registry can save time, but only if all three conditions are met; contracting officers should document the file carefully because missing the 24-month window or failing to record the review can invalidate reliance on the exception.

    4

    Urgent awards are possible, but they are not a shortcut around compliance; they create a follow-on obligation to seek postaward review and can expose the contractor to enforcement if OFCCP later finds noncompliance.

    5

    The poster requirement is easy to overlook because it is administrative, but it is still mandatory and should be handled through agency distribution procedures as part of award closeout or post-award setup.

    Official Regulatory Text

    (a) Preaward clearances for contracts and subcontracts of $10 million or more (excluding construction). (1) Except as provided in paragraphs (a)(4) and (a)(8) of this section, if the estimated amount of the contract or subcontract is $10 million or more, the contracting officer shall request clearance from the appropriate OFCCP regional office before- (i) Award of any contract, including any indefinite delivery contract or letter contract; or (ii) Modification of an existing contract for new effort that would constitute a contract award. (2) Preaward clearance for each proposed contract and for each proposed first-tier subcontract of $10 million or more shall be requested by the contracting officer directly from the OFCCP regional office(s). Verbal requests shall be confirmed by letter or facsimile transmission. (3) When the contract work is to be performed outside the United States with employees recruited within the United States, the contracting officer shall send the request for a preaward clearance to the OFCCP regional office serving the area where the proposed contractor’s corporate home or branch office is located in the United States, or the corporate location where personnel recruiting is handled, if different from the contractor’s corporate home or branch office. If the proposed contractor has no corporate office or location within the United States, the preaward clearance request action should be based on the location of the recruiting and training agency in the United States. (4) The contracting officer does not need to request a preaward clearance if- (i) The specific proposed contractor is listed in OFCCP’s National Preaward Registry via the Internet at https://www.dol.gov/agencies/ofccp/pre-award/registry ; (ii) The projected award date is within 24 months of the proposed contractor’s Notice of Compliance completion date in the Registry; and (iii) The contracting officer documents the Registry review in the contract file. (5) The contracting officer shall include the following information in the preaward clearance request: (i) Name, address, and telephone number of the prospective contractor and of any corporate affiliate at which work is to be performed. (ii) Name, address, and telephone number of each proposed first-tier subcontractor with a proposed subcontract estimated at $10 million or more. (iii) Anticipated date of award. (iv) Information as to whether the contractor and first-tier subcontractors have previously held any Government contracts or subcontracts. (v) Place or places of performance of the prime contract and first-tier subcontracts estimated at $10 million or more, if known. (vi) The estimated dollar amount of the contract and each first-tier subcontract, if known. (6) The contracting officer shall allow as much time as feasible before award for the conduct of necessary compliance evaluation by OFCCP. As soon as the apparently successful offeror can be determined, the contracting officer shall process a preaward clearance request in accordance with agency procedures, assuring, if possible, that the preaward clearance request is submitted to the OFCCP regional office at least 30 days before the proposed award date. (7) Within 15 days of the clearance request, OFCCP will inform the awarding agency of its intention to conduct a preaward compliance evaluation. If OFCCP does not inform the awarding agency within that period of its intention to conduct a preaward compliance evaluation, clearance shall be presumed and the awarding agency is authorized to proceed with the award. If OFCCP informs the awarding agency of its intention to conduct a preaward compliance evaluation, OFCCP shall be allowed an additional 20 days after the date that it so informs the awarding agency to provide its conclusions. If OFCCP does not provide the awarding agency with its conclusions within that period, clearance shall be presumed and the awarding agency is authorized to proceed with the award. (8) If the procedures specified in paragraphs (a)(6) and (a)(7) of this section would delay award of an urgent and critical contract beyond the time necessary to make award or beyond the time specified in the offer or extension thereof, the contracting officer shall immediately inform the OFCCP regional office of the expiration date of the offer or the required date of award and request clearance be provided before that date. If the OFCCP regional office advises that a preaward evaluation cannot be completed by the required date, the contracting officer shall submit written justification for the award to the head of the contracting activity, who, after informing the OFCCP regional office, may then approve the award without the preaward clearance. If an award is made under this authority, the contracting officer shall immediately request a postaward evaluation from the OFCCP regional office. (9) If, under the provisions of paragraph (a)(8) of this section, a postaward evaluation determines the contractor to be in noncompliance with E.O. 11246, the Deputy Assistant Secretary may authorize the use of the enforcement procedures at 22.809 against the noncomplying contractor. (b) Furnishing posters . The contracting officer shall furnish to the contractor appropriate quantities of the poster entitled "Equal Employment Opportunity Is The Law." These shall be obtained in accordance with agency procedures.

    Back to 22.8FAR Navigator
    samsearch

    The Complete AI Platform for Government Contracting

    Platform
    • Product
    • Pricing
    • ROI calculator
    • Integrations
    • Changelog
    Solutions
    • Solutions
    • Customers
    • Comparisons
    • Market watch
    Resources
    • Blog
    • Free GovCon tools
    • Glossary
    • Docs
    Company
    • API & partnerships
    • Careers
    • Support
    • Compliance
    • Trust centre
    • Contact
    Recognised & verified
    SOC 2 Type II Compliant, SamSearchAWS Partner - Advanced, SamSearch on AWS MarketplaceGartner Peer Insights Customer First, SamSearch
    Ask AI about samsearch
    Ask ChatGPTAsk ClaudeAsk Perplexity
    Follow

    © 2026 samsearch. All rights reserved.

    Terms of usePrivacy policy