FAR and DFARS › FAR Part 22: Application of Labor Laws to Government Acquisitions › Subpart 22.13

FAR 22.1305 Waivers.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains how the requirements of the Equal Opportunity for Veterans clause can be waived. Waivers may be granted by the Director of the Office of Federal Contract Compliance Programs for national interest reasons, or by the agency head for national security reasons. The section also describes how waivers can be withdrawn and how contracting officers must submit waiver requests.

Applies to: Contracts subject to the Equal Opportunity for Veterans clause and the requirements of this subpart

What it requires

  • The head of the agency must notify the Deputy Assistant Secretary of Labor in writing within 30 days after making a national security determination.
  • The contracting officer must submit requests for waivers in accordance with agency procedures.

Key terms: waiver · national interest · national security · Equal Opportunity for Veterans · sealed bidding

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) The Director, Office of Federal Contract Compliance Programs, Department of Labor, may waive any or all of the terms of the clause at 52.222-35, Equal Opportunity for Veterans, for—

(1) Any contract if a waiver is in the national interest; or

(2) Groups or categories of contracts if a waiver is in the national interest and it is—

(i) Impracticable to act on each request individually; and

(ii) Determined that the waiver will substantially contribute to convenience in administering the Act.

(b) The head of the agency may waive any requirement in this subpart when it is determined that the contract is essential to the national security, and that its award without complying with such requirements is necessary to the national security. Upon making such a determination, the head of the agency must notify the Deputy Assistant Secretary of Labor in writing within 30 days.

(c) The contracting officer must submit requests for waivers in accordance with agency procedures.

(d) The Deputy Assistant Secretary of Labor may withdraw an approved waiver for a specific contract or group of contracts to be awarded, when in the Deputy's judgment such action is necessary to achieve the purposes of the Act. The withdrawal does not apply to awarded contracts. For procurements entered into by sealed bidding, such withdrawal does not apply unless the withdrawal is made more than 10 calendar days before the date set for the opening of bids.

Sections it refers to

Sections that refer to it

  • 22.1306 Department of Labor notices and reports.
  • 22.1310 Solicitation provision and contract clauses.

← 22.1304 Procedures. · 22.1306 Department of Labor notices and reports. →

Rule changes for FAR Part 22

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 22.1305 Waivers · SpendQuery