FAR 22.9—Subpart 22.9

Policy.

FAR 22.901 states the Government’s policy on age discrimination in federal contracting, implementing Executive Order 11141. It covers three main subjects: first, the prohibition on contractors and subcontractors discriminating against employees or applicants because of age in hiring, advancement, discharge, and other terms, conditions, or privileges of employment; second, the restriction on using maximum age limits in job solicitations or advertisements for work on Government contracts; and third, the role of agencies in informing contractors of this policy. The section also identifies the limited exceptions where age-based distinctions may be allowed: a bona fide occupational qualification, a retirement plan, or a statutory requirement. In practice, this means contractors must ensure employment decisions tied to federal contract work are age-neutral unless a legally recognized exception applies, and they must be careful about how they advertise openings. The section is policy-focused and expressly states that use of contract clauses is not required, so compliance is driven by the policy itself and agency communication rather than a mandatory FAR clause in every contract.

Handling complaints.

FAR 22.902 addresses how agencies must handle complaints alleging that a contractor is not complying with the policy covered by this subpart. The section is narrow but important: it tells agencies to bring the complaint to the contractor’s attention, to do so in writing when appropriate, to identify the policy at issue, to state that the contractor’s compliance has been questioned, and to ask the contractor to take any steps needed to come into compliance. In practice, this provision is designed to ensure complaints are handled directly, fairly, and on the record before more formal action is considered. It gives contractors notice and an opportunity to correct problems, while also helping agencies document that they raised the issue properly. The section does not itself create a penalty or adjudication process; instead, it establishes the initial communication and corrective-action step when a complaint is received.