FAR 22.810—Solicitation provisions and contract clauses.
Plain-English Summary
FAR 22.810 tells contracting officers exactly which equal employment opportunity and affirmative action provisions and clauses must be included in solicitations and contracts when the contract will contain FAR 52.222-26, Equal Opportunity. It covers the mandatory insertion of the segregated facilities clause, previous contracts and compliance reports provision, construction-specific notice and compliance clauses, the preaward on-site compliance evaluation provision for large nonconstruction acquisitions, the affirmative action compliance provision for nonconstruction acquisitions, the construction affirmative action compliance clause, and the visa denial notification clause for work performed in or on behalf of a foreign country. In practice, this section is a crosswalk rule: once the contracting officer determines that 52.222-26 applies, the officer must add the related companion provisions and clauses based on whether the procurement is construction or nonconstruction, the expected dollar value, and whether performance involves a foreign country. The purpose is to ensure offerors are on notice of equal opportunity obligations before award and that the resulting contract contains the enforcement and compliance tools needed to implement Executive Order 11246 requirements. For contractors, this section matters because it determines which certifications, notices, compliance reports, and affirmative action obligations may be triggered at solicitation and contract formation. For contracting officers, it is a mandatory checklist item that must be applied carefully to avoid omitting required clauses or inserting the wrong version of a clause.
Key Rules
Base clause drives the package
If the contract will include FAR 52.222-26, Equal Opportunity, the contracting officer must also insert the companion provisions and clauses required by this section. The rule is not optional; it is a mandatory clause-selection framework tied to the applicability of E.O. 11246.
Segregated facilities clause required
When 52.222-26 is contemplated, FAR 52.222-21, Prohibition of Segregated Facilities, must be included in both the solicitation and the contract. This applies across the board and is not limited to construction or dollar thresholds.
Previous contracts provision required
When 52.222-26 is contemplated, FAR 52.222-22, Previous Contracts and Compliance Reports, must be included in the solicitation. This gives the Government a way to assess the offeror’s prior equal opportunity compliance history.
Construction notices and compliance clauses
For construction solicitations where 52.222-26 will be included, the contracting officer must insert FAR 52.222-23 if the expected contract amount exceeds $10,000, and FAR 52.222-27 if the construction contract will exceed $10,000. These provisions address affirmative action notice and compliance requirements specific to construction work.
Large nonconstruction preaward evaluation
For nonconstruction solicitations where 52.222-26 will be included, FAR 52.222-24 must be inserted when the expected contract amount is $10 million or more. This provision allows for a preaward on-site equal opportunity compliance evaluation in large acquisitions.
Nonconstruction affirmative action compliance
For nonconstruction solicitations where 52.222-26 will be included, FAR 52.222-25 must be inserted. This provision addresses affirmative action compliance requirements for nonconstruction contractors.
Equal Opportunity clause and alternate
FAR 52.222-26 must be inserted in solicitations and contracts unless the contract is exempt from all E.O. 11246 requirements. If the contract is exempt from only some requirements, the contracting officer must use the clause with Alternate I.
Foreign performance visa notice
If the contractor is required to perform in or on behalf of a foreign country, the contracting officer must insert FAR 52.222-29, Notification of Visa Denial, in contracts that include 52.222-26. This clause addresses the risk that visa denials could affect performance abroad.
Responsibilities
Contracting Officer
Determine whether the acquisition will include FAR 52.222-26 and then insert the required companion clauses and provisions based on the type of work, expected dollar value, exemption status, and foreign performance requirements. The contracting officer must also choose the correct version of 52.222-26, including Alternate I when only partial E.O. 11246 exemptions apply.
Contractor
Review the solicitation and contract for all required equal opportunity and affirmative action clauses, understand the resulting compliance obligations, and be prepared to provide prior compliance information, meet construction or nonconstruction affirmative action requirements, and address foreign performance visa issues if applicable.
Agency
Ensure acquisition personnel apply the clause-selection rules consistently and that solicitations and contracts contain the required equal opportunity provisions. The agency also must support compliance oversight and enforcement where these clauses are incorporated.
Practical Implications
This section functions as a clause checklist, so missing one required provision can create a solicitation defect or contract administration problem.
The biggest decision points are whether the acquisition is construction or nonconstruction, whether the expected value crosses the $10,000 or $10 million thresholds, and whether performance will occur in or on behalf of a foreign country.
Contracting officers should verify the applicability of E.O. 11246 exemptions before selecting the standard clause versus Alternate I; using the wrong version can misstate the contractor’s obligations.
Contractors should expect additional compliance scrutiny when the solicitation includes these provisions, especially for large nonconstruction awards and construction contracts above the threshold.
Because several requirements are triggered only when 52.222-26 is included, the initial applicability determination for Equal Opportunity is critical and should be documented carefully.
Official Regulatory Text
(a) When a contract is contemplated that will include the clause at 52.222-26 , Equal Opportunity, the contracting officer shall insert- (1) The clause at 52.222-21 , Prohibition of Segregated Facilities, in the solicitation and contract; and (2) The provision at 52.222-22 , Previous Contracts and Compliance Reports, in the solicitation. (b) The contracting officer shall insert the provision at 52.222-23 , Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction, in solicitations for construction when a contract is contemplated that will include the clause at 52.222-26 , Equal Opportunity, and the amount of the contract is expected to be in excess of $10,000. (c) The contracting officer shall insert the provision at 52.222-24 , Preaward On-Site Equal Opportunity Compliance Evaluation, in solicitations other than those for construction when a contract is contemplated that will include the clause at 52.222-26 , Equal Opportunity, and the amount of the contract is expected be $10 million or more. (d) The contracting officer shall insert the provision at 52.222-25 , Affirmative Action Compliance, in solicitations, other than those for construction, when a contract is contemplated that will include the clause at 52.222-26 , Equal Opportunity. (e) The contracting officer shall insert the clause at 52.222-26 , Equal Opportunity, in solicitations and contracts (see 22.802 ) unless the contract is exempt from all of the requirements of E.O. 11246 (see 22.807 (a)). If the contract is exempt from one or more, but not all, of the requirements of E.O. 11246, the contracting officer shall use the clause with its Alternate I. (f) The contracting officer shall insert the clause at 52.222-27 , Affirmative Action Compliance Requirements for Construction, in solicitations and contracts for construction that will include the clause at 52.222-26 , Equal Opportunity, when the amount of the contract is expected to be in excess of $10,000. (g) The contracting officer shall insert the clause at 52.222-29 , Notification of Visa Denial, in contracts that will include the clause at 52.222-26 , Equal Opportunity, if the contractor is required to perform in or on behalf of a foreign country.