52.222-36 — Equal Opportunity for Workers with Disabilities.
Researched by the BidStride Research Team
What This Clause Requires
FAR 52.222-36 — Equal Opportunity for Workers with Disabilities.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.
Official Regulation Text
52.222-36 Equal Opportunity for Workers with Disabilities. As prescribed in 22.1408(a), insert the following clause: Equal Opportunity for Workers with Disabilities (JUN 2020) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, 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 (July 2014). As prescribed in 22.1408(b), 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) ]. [79 FR 43579, July 25, 2014, as amended at 85 FR 27095, May 6, 2020]
Compliance Checklist
- The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014.
- This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
- The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor.
- The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S.
- Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
Flow-Down to Subcontractors
Flow-down required
This clause must be included in subcontracts with no subcontractors where the subcontractor will perform work covered by this clause. Typically appears in contract Section Section I.
Frequently Asked Questions
FAR 52.222-36 (Equal Opportunity for Workers with Disabilities.) is a federal acquisition regulation clause that may be included in government contracts. It falls under the labor category.
FAR 52.222-36 is typically required when the contracting officer determines it's applicable to the specific procurement. Check the solicitation's Section I for included clauses.
Whether FAR 52.222-36 flows down depends on the specific clause language and contract type. Review the clause text for flow-down provisions.
This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.