Labor, EEO & Service Contract Act (Part 22)

FAR 52.222-26

Equal Opportunity

Implements Executive Order 11246 prohibiting discrimination in employment based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractors with 50+ employees and a contract of $50K+ must have a written Affirmative Action Plan. OFCCP enforces.

FAR / DFARS Part
FAR Part 22 — Application of Labor Laws to Government Acquisitions
Prescribed By
FAR 22.810(e) — Required in solicitations and contracts > $10,000 (with limited exceptions).
Flow-down to Subcontracts

Yes — flow down to all subcontracts > $10,000 (52.222-26(c)).

What this clause requires

  • 1No discrimination in employment based on protected categories.
  • 2Affirmative action to ensure equal opportunity.
  • 3Post EEO notices in conspicuous places.
  • 4Submit EEO-1 reports if 50+ employees and $50K+ contract.
  • 5Develop and maintain a written Affirmative Action Plan if 50+ employees and $50K+ contract (41 CFR 60-2).
  • 6Cooperate with OFCCP compliance evaluations.
  • 7Flow down to subs > $10,000.

When this clause applies

Almost every Federal contract over $10K. Construction has separate AAP rules (41 CFR 60-4).

Common pitfalls

!No written AAP — OFCCP can require it during a desk audit; absence triggers findings.
!Not tracking applicant flow data — required as part of AAP.
!Missing the EEO-1 filing — annual federal contract status requires it.
!Failure to flow down — primes are liable for sub non-compliance during OFCCP audits.

Proposal-team checklist

  • ☐Confirm a current written AAP is on file if 50+ employees and $50K+ contract.
  • ☐Confirm EEO-1 reports are filed and current.
  • ☐Add 52.222-26 to subcontract templates with the $10K threshold check.
  • ☐Designate an EEO Officer with documented authority.

Stop tracking clauses in spreadsheets.

BidCraft auto-detects every FAR / DFARS clause in your RFP, builds the compliance matrix, and structures the response. Try free.

Generate a Proposal →

FAQ

What triggers an OFCCP audit?

Random selection (CSAL — Corporate Scheduling Announcement List), complaints, prior findings, or systemic compensation reviews. Audits demand the AAP, EEO-1 reports, compensation data, and applicant-flow logs.

Does the clause apply to small businesses?

Yes for non-discrimination obligations. The AAP requirement (41 CFR 60-2) applies only at 50+ employees AND $50K+ contract.

Related clauses

FAR 52.222-50
Combating Trafficking in Persons

Home · All FAR Clauses · Government RFP · Sample Proposal

Reference content based on the Federal Acquisition Regulation and DFARS as of June 2026. Always verify the current clause text at acquisition.gov before relying on it for an actual submission. Educational reference; not legal advice.