FAR 52.222-38—Compliance with Veterans’ Employment Reporting Requirements.
Plain-English Summary
FAR 52.222-38 is a solicitation provision used to confirm an offeror’s compliance with the veterans’ employment reporting requirement in 38 U.S.C. 4212(d). It applies only when the offeror is subject to that statute, which the provision defines by reference to whether the offeror has any contract containing FAR 52.222-37, Employment Reports on Veterans. The provision requires the offeror, by submitting its offer, to represent that it has filed the most recent VETS-4212 Report required by the underlying reporting clause. In practice, this is a self-certification tied to veterans’ employment reporting compliance, not a separate reporting obligation created by the provision itself. Its purpose is to give the Government a simple pre-award assurance that covered contractors are current on their veterans’ employment reporting duties, which supports enforcement of veterans’ employment policy and helps contracting officials screen for compliance at the solicitation stage.
Key Rules
Applies by solicitation insertion
This is a provision, not a contract clause, and it is inserted into solicitations when prescribed by FAR 22.1310(c). It is used at the offer stage to obtain a representation from the offeror before award.
Coverage depends on 52.222-37
The representation applies only if the offeror is subject to 38 U.S.C. 4212(d), which the provision equates with having any contract that contains FAR 52.222-37, Employment Reports on Veterans. If the offeror is not subject to that reporting regime, the representation is not triggered.
Offer submission is the certification point
By submitting an offer, the offeror represents compliance. No separate certification form is required by the text of this provision, but the act of offering carries the representation.
Most recent VETS-4212 must be filed
The offeror must have filed the most recent VETS-4212 Report required by the veterans’ employment reporting clause. The requirement is not merely to have filed a report at some point in the past; it must be the latest required report.
Representation is limited in scope
The provision does not require the offeror to prove compliance in the solicitation response unless the solicitation asks for supporting information. It is a representation of filing status, not a detailed audit of the report’s contents.
False representation can have consequences
Because the statement is made as part of the offer, an inaccurate representation can create preaward responsibility, integrity, or contract administration issues. Contractors should treat the statement as a compliance assertion that must be supportable.
Responsibilities
Offeror
Determine whether it is subject to 38 U.S.C. 4212(d) by checking whether it has any contract containing FAR 52.222-37. If subject, ensure the most recent VETS-4212 Report has been filed before submitting the offer and make the required representation accurately.
Contracting Officer
Include the provision when prescribed, evaluate the offeror’s representation as part of the solicitation process, and address any apparent inconsistency or compliance concern through normal preaward procedures.
Agency
Use the provision in solicitations where required by FAR 22.1310(c) and rely on the representation as a preaward compliance check for veterans’ employment reporting obligations.
Contractor with existing 52.222-37 coverage
Maintain awareness of annual or otherwise required VETS-4212 filing obligations and ensure filings are current so future offers can truthfully include the representation.
Practical Implications
This provision is a quick compliance checkpoint, so contractors should verify VETS-4212 filing status before submitting an offer, especially if they hold any contract with FAR 52.222-37.
A common pitfall is assuming the requirement applies only to the specific solicitation; the trigger is whether the offeror is already subject to the veterans’ reporting statute through another covered contract.
Another risk is stale filing status: the provision requires the most recent report, so an old or missed filing can make the representation inaccurate.
Contracting officers should not treat this as a detailed reporting clause; it is a representation that supports preaward screening, but it does not replace the underlying reporting obligation in 52.222-37.
If an offeror is unsure whether it is covered, it should review its contract portfolio and reporting history before certifying, because an incorrect representation can create compliance and integrity problems after award.
Official Regulatory Text
As prescribed in 22.1310 (c) , insert the following provision: Compliance with Veterans’ Employment Reporting Requirements (Feb 2016) By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) ( i.e. , if it has any contract containing Federal Acquisition Regulation clause 52.222-37 , Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause. (End of provision)