FAR 52.222-26 — Equal Opportunity
Requires contractors to comply with Executive Order 11246's nondiscrimination requirements in employment and to file annual EEO-1 reports.
When This Clause Applies
Required in contracts and subcontracts of $10,000 or more. Affirmative action plan obligations attach to contractors with 50+ employees and $50K+ federal contracts.
What This Means for Contractors
Contractors must include the EO clause in subcontracts, post EEO notices, file annual EEO-1 reports, and (for larger contractors) maintain a written affirmative action plan. OFCCP enforcement includes desk audits, on-site reviews, and potential debarment for noncompliance.
Common Pitfalls
- 1Forgetting to flow down the EO clause to subcontracts above $10K
- 2Missing the annual EEO-1 filing deadline
- 3Not maintaining a current AAP when crossing the 50-employee/$50K threshold
- 4Inadequate documentation during an OFCCP audit
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