FAR 52.222-26 — Equal Opportunity
This clause incorporates federal equal employment opportunity obligations into the contract, prohibiting discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and requiring affirmative action for covered contractors.
- Clause
- FAR 52.222-26
- Applies to
- Contracts over $10,000
- Flows down to subs
- Yes
- Primary risk
- OFCCP compliance findings
Key takeaways
- Read the clause as incorporated in your contract — tailoring and alternates change obligations.
- Flowdown obligations are your responsibility; a noncompliant subcontractor is your problem.
- Document compliance contemporaneously; after-the-fact reconstruction rarely satisfies auditors.
- When a clause is unclear, ask the contracting officer in writing before award, not after.
What the clause requires
You must comply with Executive Order 11246 as amended, post required notices, and, if you meet the size and contract value thresholds, maintain a written affirmative action program subject to OFCCP compliance evaluation.
How to comply in practice
Confirm whether your firm meets the affirmative action program threshold, post EEO notices at all work locations, and train hiring managers on nondiscrimination requirements applicable to federal contractors.
Common mistakes
Smaller contractors assume affirmative action program requirements only apply to large employers and fail to prepare one after crossing the threshold through growth or a new large award.
FAQ
Does this apply to all contracts?
It applies to most contracts over $10,000; program obligations scale with contractor size and contract value.
Who enforces this clause?
The Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor.
Is a written affirmative action plan always required?
Only for contractors meeting the specific employee count and contract value thresholds.
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