FAR 52.222-24—Preaward On-Site Equal Opportunity Compliance Evaluation.
Plain-English Summary
FAR 52.222-24 is a solicitation provision used when a contract is expected to be $10 million or more. It tells offerors that the prospective contractor, and any known first-tier subcontractors with anticipated subcontracts of $10 million or more, may be subject to a preaward on-site equal opportunity compliance evaluation by the Office of Federal Contract Compliance Programs (OFCCP). The provision also creates an important exception: if OFCCP has already conducted an evaluation within the preceding 24 months and found the prospective contractor and subcontractors to be in compliance with Executive Order 11246, the preaward evaluation requirement does not apply. In practice, this provision alerts bidders that award may be delayed or conditioned on OFCCP review, and it requires contractors to identify relevant first-tier subcontractors early so the government can assess whether a compliance evaluation is needed. The section is about preaward equal employment opportunity enforcement, not postaward performance, and it helps the government screen large procurements for compliance risk before contract award.
Key Rules
Applies to large contracts
This provision is inserted when the contract resulting from the solicitation is expected to be $10 million or more. It is a threshold-based notice that triggers possible OFCCP preaward review.
Covers contractor and key subcontractors
The prospective contractor and its known first-tier subcontractors with anticipated subcontracts of $10 million or more are subject to the evaluation. The rule focuses on major subcontractors that are known at the time of solicitation response.
OFCCP may conduct on-site evaluation
The evaluation is a preaward compliance review conducted by OFCCP, and it is on-site. The purpose is to assess compliance with Executive Order 11246 before award is made.
Prior compliance review can exempt
If OFCCP has conducted an evaluation within the previous 24 months and found the prospective contractor and subcontractors to be in compliance with Executive Order 11246, the preaward evaluation requirement does not apply. This avoids duplicative reviews when recent compliance has already been established.
Known subcontractors matter now
The provision only reaches first-tier subcontractors that are known and expected to have subcontracts of $10 million or more. Offerors must identify these entities early and accurately because unknown or unlisted subcontractors cannot be evaluated in advance.
Executive Order 11246 is the compliance standard
The evaluation is tied specifically to Executive Order 11246 equal opportunity obligations. The provision does not create a separate substantive nondiscrimination standard; it uses OFCCP review to verify compliance with the existing EO requirements.
Responsibilities
Contracting Officer
Insert the provision when the solicitation may result in a contract of $10 million or more. Coordinate with OFCCP as needed and consider the evaluation status before award if the provision is triggered.
Prospective Contractor
Identify whether the solicitation threshold is met and determine whether it and any known first-tier subcontractors may be subject to OFCCP review. Disclose known major subcontractors and be prepared for a preaward on-site compliance evaluation unless a recent compliant evaluation exists.
Known First-Tier Subcontractors
Cooperate with any OFCCP preaward compliance evaluation if they are known and expected to receive subcontracts of $10 million or more. Provide access and information needed for the review.
OFCCP
Conduct the preaward on-site equal opportunity compliance evaluation when applicable, and determine whether the prospective contractor and relevant subcontractors are in compliance with Executive Order 11246. Recognize prior evaluations within 24 months that found compliance and avoid duplicative review where the exception applies.
Agency/Acquisition Team
Support identification of applicable solicitations and subcontractors, and ensure the solicitation includes the provision when required. Manage acquisition timing and award planning around any OFCCP review requirements.
Practical Implications
This provision can affect award timing for large procurements because OFCCP review may need to occur before award. Contractors should plan for possible schedule impacts and build in time to respond to compliance inquiries.
Offerors should identify known first-tier subcontractors early, especially those with anticipated subcontracts of $10 million or more. Missing a major subcontractor can create compliance and award-delay problems.
A recent OFCCP evaluation can eliminate the need for another preaward review, but only if it occurred within the last 24 months and resulted in a compliance finding. Contractors should keep documentation of prior evaluations readily available.
The provision is about equal opportunity compliance, so contractors should ensure their affirmative action and nondiscrimination practices are current before bidding on large contracts. Weak internal records or unresolved OFCCP issues can become award risks.
Contracting officers should verify whether the threshold is met and whether the provision is properly included. Omitting it when required can create acquisition compliance problems and complicate award processing.
Official Regulatory Text
As prescribed in 22.810 (c) , insert the following provision: Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) If a contract in the amount of $10 million or more will result from this solicitation, the prospective Contractor and its known first-tier subcontractors with anticipated subcontracts of $10 million or more shall be subject to a preaward compliance evaluation by the Office of Federal Contract Compliance Programs (OFCCP), unless, within the preceding 24 months, OFCCP has conducted an evaluation and found the prospective Contractor and subcontractors to be in compliance with Executive Order 11246. (End of provision)