FAR 22.806—Inquiries.
Plain-English Summary
FAR 22.806 addresses where certain questions about equal employment opportunity compliance under Executive Order 11246 must be sent. It covers two specific inquiry types: contractor questions about the status of their compliance with E.O. 11246 and contractor questions about their rights to appeal actions taken under FAR 22.809, as well as labor union questions about revising a collective bargaining agreement to comply with E.O. 11246. The section does not answer those questions itself; instead, it directs them to the proper Department of Labor officials so the matter is handled by the office with authority over the underlying civil rights and compliance issues. In practice, this means contracting personnel should not try to resolve these inquiries at the contracting office level if they fall within this section. The rule helps ensure consistent interpretation of E.O. 11246 requirements, avoids conflicting guidance, and channels sensitive compliance and labor-relations issues to the appropriate enforcement or policy office.
Key Rules
Contractor compliance inquiries
If a contractor asks about the status of its compliance with E.O. 11246, the inquiry must be referred to the OFCCP regional office. The contracting office is not the proper forum for deciding or explaining compliance status under this section.
Appeal-rights inquiries
If a contractor asks about its rights of appeal regarding any action listed in FAR 22.809, the inquiry must also be referred to the OFCCP regional office. This keeps appeal-related guidance with the office responsible for the underlying enforcement process.
Union agreement revision inquiries
If a labor union asks about revising a collective bargaining agreement to comply with E.O. 11246, the inquiry must be referred to the Deputy Assistant Secretary. The section assigns this labor-relations question to a higher-level Department of Labor official rather than the contracting office.
Referral, not local resolution
The section is a routing rule, not a substantive compliance standard. Its purpose is to ensure that the right agency official answers the question, rather than having contracting personnel improvise guidance on E.O. 11246 compliance or labor agreement revisions.
Responsibilities
Contracting Officer / Contracting Office
Identify inquiries covered by this section and refer them to the correct Department of Labor office. Do not attempt to provide definitive compliance-status or appeal-rights advice for E.O. 11246 matters, and do not handle union questions about collective bargaining agreement revisions as if they were routine contract administration issues.
Contractor
Direct compliance-status questions and questions about appeal rights under FAR 22.809 to the OFCCP regional office. Use the proper enforcement channel rather than expecting the contracting office to resolve or interpret these matters.
Labor Union
Submit questions about revising a collective bargaining agreement to comply with E.O. 11246 to the Deputy Assistant Secretary. Treat this as a Department of Labor labor-relations issue, not a contracting office issue.
OFCCP Regional Office
Receive and address contractor inquiries about compliance status and appeal rights related to actions under FAR 22.809. Provide the appropriate compliance or enforcement guidance within OFCCP’s authority.
Deputy Assistant Secretary
Receive and address labor union inquiries concerning revision of collective bargaining agreements for E.O. 11246 compliance. Provide the appropriate policy or labor-relations guidance within that office’s authority.
Practical Implications
This section is mainly about routing. In day-to-day practice, the biggest risk is answering the wrong question at the wrong level, which can create inconsistent guidance or delay resolution.
Contracting officers should screen incoming questions carefully: if the issue is compliance status, appeal rights under FAR 22.809, or union contract revisions for E.O. 11246 compliance, it should be referred rather than informally answered.
Contractors should not treat the contracting office as the source of final compliance determinations or appeal advice for these matters; the OFCCP regional office is the proper contact.
Labor unions should expect E.O. 11246 collective bargaining agreement questions to be handled by the Deputy Assistant Secretary, not by the contracting activity.
A common pitfall is mixing contract administration with civil rights enforcement. This section helps prevent that by separating procurement functions from OFCCP and Department of Labor responsibilities.
Official Regulatory Text
(a) An inquiry from a contractor regarding status of its compliance with E.O. 11246, or rights of appeal to any of the actions in 22.809 , shall be referred to the OFCCP regional office. (b) Labor union inquiries regarding the revision of a collective bargaining agreement in order to comply with E.O. 11246 shall be referred to the Deputy Assistant Secretary.