FAR 22.808—Complaints.
Plain-English Summary
FAR 22.808 addresses how contracting officers must handle complaints alleging violations of Executive Order 11246, the federal equal employment opportunity and affirmative action requirements for covered contractors. The section covers three core subjects: immediate referral of complaints to the Office of Federal Contract Compliance Programs (OFCCP) regional office, written notice to the complainant that the complaint has been referred, and strict confidentiality rules prohibiting disclosure to the contractor of the complainant’s identity, the complaint’s substance, or even the fact that a complaint was received. In practice, this section ensures that discrimination or affirmative action complaints are routed to the agency with enforcement authority rather than investigated informally by the contracting officer. It also protects complainants from retaliation or exposure and preserves the integrity of the OFCCP enforcement process. For contracting officers, the rule is procedural and mandatory: they are not to screen, investigate, or discuss the complaint with the contractor, but instead to forward it promptly and maintain confidentiality. For contractors, the practical effect is that they may be subject to OFCCP review without advance notice of the complaint source or details from the contracting office.
Key Rules
Immediate OFCCP referral
Any complaint received by the contracting officer alleging a violation of E.O. 11246 must be referred immediately to the appropriate OFCCP regional office. The contracting officer does not handle the merits of the complaint under this section.
Written notice to complainant
The complainant must be advised in writing that the complaint has been referred. This creates a clear record that the complaint was passed to the proper enforcement office.
Strict contractor confidentiality
The contractor that is the subject of the complaint must not be told the complainant’s name, the nature of the complaint, or even that a complaint was received. The prohibition is broad and applies for any reason.
No informal disclosure
The section bars disclosure by the contracting officer in any manner, which means the information cannot be shared directly, indirectly, or through casual discussion. Confidentiality must be maintained throughout the referral process.
Responsibilities
Contracting Officer
Immediately refer any complaint alleging an E.O. 11246 violation to the OFCCP regional office, notify the complainant in writing of the referral, and keep the complaint confidential from the contractor and others who do not need to know.
Complainant
Submit the complaint to the contracting officer and, once notified, understand that the matter has been referred to OFCCP for handling under the applicable enforcement process.
OFCCP Regional Office
Receive the referred complaint and handle it under OFCCP’s enforcement authority and procedures for E.O. 11246 matters.
Contractor
Not receive disclosure from the contracting officer of the complainant’s identity, the complaint’s substance, or the fact that a complaint was filed; respond only through the proper OFCCP process if contacted by that office.
Practical Implications
Contracting officers should treat these complaints as referral-only matters and avoid any attempt to investigate, mediate, or explain the complaint to the contractor.
Written notice to the complainant is required, so agencies should have a standard process or template to document the referral and confirm notification.
Confidentiality is strict: even acknowledging that a complaint exists to the contractor is prohibited, which is a common compliance pitfall.
Because the complaint goes to OFCCP, contractors should expect that any follow-up will come from OFCCP rather than from the contracting office.
Poor handling can create confidentiality breaches, retaliation concerns, and procedural errors that undermine enforcement and agency compliance.
Official Regulatory Text
Complaints received by the contracting officer alleging violation of the requirements of E.O. 11246 shall be referred immediately to the OFCCP regional office. The complainant shall be advised in writing of the referral. The contractor that is the subject of a complaint shall not be advised in any manner or for any reason of the complainant’s name, the nature of the complaint, or the fact that the complaint was received.