FAR and DFARS › FAR Part 22: Application of Labor Laws to Government Acquisitions › Subpart 22.9
FAR 22.901 Policy.
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 states the Government's policy, based on Executive Order 11141, that contractors and subcontractors must not discriminate against employees because of age in employment, advancement, discharge, or the terms and conditions of employment, unless a bona fide occupational qualification, retirement plan, or statutory requirement applies. It also bars specifying a maximum age limit in job solicitations or advertisements for work on Government contracts unless one of those exceptions applies. Agencies are directed to bring this policy to contractors' attention, but contract clauses are not required.
Applies to: Contractors and subcontractors performing Government contracts
What it requires
- Do not discriminate against persons because of age in employment, advancement, discharge, or the terms, conditions, or privileges of employment, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement.
- Do not specify a maximum age limit in solicitations or advertisements for employees to work on Government contracts unless the limit is based on a bona fide occupational qualification, retirement plan, or statutory requirement.
Key terms: bona fide occupational qualification · retirement plan · statutory requirement · maximum age limit · Executive Order 11141
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
Executive Order 11141, February 12, 1964 (29 FR 2477), states that the Government policy is as follows:
(a) Contractors and subcontractors shall not, in connection with employment, advancement, or discharge of employees, or the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement.
(b) Contractors and subcontractors, or persons acting on their behalf, shall not specify in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement.
(c) Agencies will bring this policy to the attention of contractors. The use of contract clauses is not required.
← 22.810 Solicitation provisions and contract clauses. · 22.902 Handling complaints. →
Rule changes for FAR Part 22
- Federal Acquisition Regulation: Trade Agreements Thresholds ↗ · final rule 2026-03-13 · effective 2026-03-13
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Office of Federal Procurement Policy; Federal Acquisition Regulation: Pay Equity and Transparency in Federal Contracting ↗ · proposed 2025-01-08
- Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment ↗ · final rule 2025-01-03 · effective 2025-01-17
- Federal Acquisition Regulation: Training To Prevent Human Trafficking for Certain Air Carriers; Correction ↗ · final rule 2024-12-30 · effective 2025-01-03
- Federal Acquisition Regulation: Training To Prevent Human Trafficking for Certain Air Carriers ↗ · final rule 2024-12-16 · effective 2025-01-03
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · proposed 2024-11-29 · comments due 2025-01-28
- Federal Acquisition Regulation: Combating Trafficking in Persons-Definition and Agency Responsibilities ↗ · proposed 2024-07-18 · comments due 2024-09-16
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.