FAR 52.222-35—Equal Opportunity for Veterans.
Plain-English Summary
FAR 52.222-35, Equal Opportunity for Veterans, is the contract clause that implements the federal government’s veteran nondiscrimination and affirmative action requirements for covered contractors and subcontractors. It covers the definitions of the protected veteran categories used in the clause—active duty wartime or campaign badge veteran, Armed Forces service medal veteran, disabled veteran, protected veteran, qualified disabled veteran, and recently separated veteran—by cross-referencing FAR 22.1301. It also requires the contractor to comply with the equal opportunity obligations in 41 CFR 60-300.5(a), which prohibit discrimination against qualified protected veterans and require affirmative action to employ and advance them in employment. The clause further addresses subcontract flowdown, requiring insertion of the clause in covered subcontracts at or above the applicable threshold in FAR 22.1303(a), unless an exemption applies. It gives the contractor a duty to act as directed by the Director of the Office of Federal Contract Compliance Programs (OFCCP) to enforce the clause, including taking action for noncompliance, and allows appropriate wording changes to identify the correct parties in subcontract language. The alternate provision adds a preamble notice for contracts where specified terms are waived, making the waiver explicit in the contract file and clause text. In practice, this clause matters because it creates enforceable employment obligations, requires contractors to manage subcontract compliance, and can affect hiring, advancement, recordkeeping, and compliance risk across the contractor’s workforce and supply chain.
Key Rules
Protected veteran definitions
The clause uses the veteran category definitions in FAR 22.1301, so contractors must apply those regulatory meanings when determining who is covered. These definitions control who is protected under the clause and who counts for affirmative action purposes.
No discrimination against protected veterans
Contractors must comply with 41 CFR 60-300.5(a), which prohibits discrimination against qualified protected veterans. This is a mandatory equal opportunity requirement, not merely a policy statement.
Affirmative action required
The clause requires contractors to take affirmative action to employ and advance in employment qualified protected veterans. Contractors must do more than avoid discrimination; they must actively support equal employment opportunity for the covered group.
Subcontract flowdown required
The contractor must insert the clause into covered subcontracts at or above the threshold in FAR 22.1303(a), unless a Secretary of Labor exemption applies. The flowdown obligation ensures veteran equal opportunity requirements extend through the contracting chain.
OFCCP enforcement authority
The contractor must act as directed by the Director of OFCCP to enforce the clause, including taking action for noncompliance. This means the contractor may need to investigate, correct, or otherwise address subcontractor failures when instructed by the agency responsible for enforcement.
Appropriate language changes allowed
The clause permits necessary wording changes to identify the correct parties and their undertakings. Contractors may tailor the clause for subcontract use, but only to the extent needed to make the obligations fit the subcontract context.
Waiver notice in Alternate I
Alternate I adds a notice stating that specified terms are waived for the contract. If used, the waived terms must be listed explicitly, so the contract record clearly shows which obligations do not apply.
Responsibilities
Contracting Officer
Insert the clause when prescribed by FAR 22.1310(a)(1), and use Alternate I when prescribed by FAR 22.1310(a)(2). Ensure any waived terms are properly identified in the contract if the alternate is used.
Contractor
Comply with the equal opportunity and affirmative action requirements in 41 CFR 60-300.5(a), apply the protected veteran definitions correctly, and flow the clause down to covered subcontracts. The contractor must also take enforcement action as directed by OFCCP and make only the language changes needed to fit subcontract relationships.
Subcontractor
When the clause is flowed down, comply with the same veteran equal opportunity and affirmative action obligations that apply to the prime contractor, subject to any applicable exemption or waiver.
OFCCP Director
Direct enforcement actions for clause compliance and noncompliance, including requiring contractors to take necessary corrective action.
Secretary of Labor
Issue rules, regulations, or orders that may exempt certain subcontracts from the flowdown requirement.
Practical Implications
Contractors should treat this as an operational compliance clause, not just a contract formality, because it can affect recruiting, hiring, promotion, and internal equal employment opportunity practices.
A common pitfall is failing to flow the clause to covered subcontracts or using the wrong threshold; contractors should verify the subcontract value and any applicable exemption before omitting the clause.
Another frequent issue is misunderstanding the protected veteran categories; contractors should use the FAR 22.1301 definitions rather than informal labels or HR shorthand.
If OFCCP directs corrective action, the contractor must respond promptly and document what was done, especially when a subcontractor is involved.
When Alternate I is used, the waiver notice should be complete and specific; vague or incomplete waiver language can create compliance and audit problems.
Official Regulatory Text
As prescribed in 22.1310 (a)(1) , insert the following clause: Equal Opportunity for Veterans (Jun 2020) (a) Definitions . As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301 . (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300 .5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303 (a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. (End of clause) Alternate I (Jul 2014) . As prescribed in 22.1310 (a)(2), add the following as a preamble to the clause: Notice : The following term(s) of this clause are waived for this contract: ______________________ [ List term(s) ] .