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FAR and DFARS › FAR Part 22: Application of Labor Laws to Government Acquisitions › Subpart 22.14

FAR 22.1403 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 who can waive the equal opportunity clause for workers with disabilities and under what circumstances. It matters to contractors because a waiver can remove that clause requirement from a contract, but waivers are limited and can be withdrawn. It also tells contracting officers how to request waivers.

Applies to: Contracts subject to the clause at 52.222-36, Equal Opportunity for Workers with Disabilities

What it requires

  • The head of an agency that waives a requirement for national security must notify the Director of OFCCP in writing within 30 days.
  • The contracting officer must submit requests for waivers in accordance with agency procedures.

Key terms: waiver · national interest · national security · Director of OFCCP · withdrawal

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

The text

(a) The Director of the Office of Federal Contract Compliance Programs of the U.S. Department of Labor (Director of OFCCP), may waive the application of any or all of the terms of the clause at 52.222-36, Equal Opportunity for Workers with Disabilities, for—

(1) Any contract if a waiver is deemed to be 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 an 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 shall notify the Director of OFCCP in writing within 30 days.

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

(d) A waiver granted for a particular class of contracts may be withdrawn for any contract within that class whenever considered necessary by the Director of OFCCP to achieve the purposes of the Act. The withdrawal shall not apply to contracts awarded before the withdrawal. The withdrawal shall not apply to solicitations under any means of formal sealed bidding unless it is made more than 10 days before the date set for bid opening.

Sections it refers to

  • 52.222-36 Equal Opportunity for Workers with Disabilities.

Sections that refer to it

← 22.1402 Applicability. · 22.1404 Department of Labor notices. →

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 22.1403 Waivers · SpendQuery