48 C.F.R. § 22.1310

22.1310 Solicitation provision and contract clauses.

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(a)(1) Insert the clause at 52.222-35, Equal Opportunity for Veterans, in solicitations and contracts if the expected value is $200,000 or more, except when—

(i) Work is performed outside the United States by employees recruited outside the United States; or

(ii) The Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, has waived, in accordance with 22.1305(a), or the head of the agency has waived, in accordance with 22.1305(b), all of the terms of the clause.

(2) If the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, or the head of the agency waives one or more (but not all) of the terms of the clause, use the basic clause with its Alternate I.

(b) Insert the clause at 52.222-37, Employment Reports on Veterans, in solicitations and contracts containing the clause at 52.222-35, Equal Opportunity for Veterans.

(c) Insert the provision at 52.222-38, Compliance with Veterans' Employment Reporting Requirements, in solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

[66 FR 53488, Oct. 22, 2001, as amended at 71 FR 57368, Sept. 28, 2006; 75 FR 60252, Sept. 29, 2010; 79 FR 43578, July 25, 2014; 80 FR 38298, July 2, 2015; 86 FR 61028, Nov. 4, 2021; 90 FR 41879, Aug. 27, 2025]

Notes of Decisions

Cited in 4 cases, 2009–2011 · leading case: United States Ex Rel. Kirk v. Schindler Elevator Corp., 601 F.3d 94 (2d Cir. 2010).

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United States Ex Rel. Kirk v. Schindler Elevator Corp., 601 F.3d 94 (2d Cir. 2010). · cites it 2× “§ 4212 (a)(1); (2) to invite eligible veterans to identify themselves voluntarily to their employer, 48 C.F.R. §§ 22.1310 (b), 52.222-37(e); and (3) to submit annual reports to the Secretary of Labor (the “VETS-100 reports”) providing data about the qualified covered veterans in…”

Schindler Elevator Corp. v. United States ex rel. Kirk, 179 L. Ed. 2d 825 (2011). · cites it 2× “§4212 (d); 48 CFR §§22.1310 (b) and 52.222–37(c) (2008).”

United States Ex Rel. Kirk v. Schindler Elevator Corp., 606 F. Supp. 2d 448 (S.D.N.Y. 2009). · cites it 2× “” 48 C.F.R. §§ 22.1310 (b), 52.222-37(e). Third, to satisfy VEVRAA’s requirement that all *452 covered contractors “report, at least annually, to the Secretary of Labor” on such issues as “the number of such employees, by job category and hiring location, who are qualified…”

Schindler Elevator Corp. v. United States ex rel. Kirk, 131 S. Ct. 1885 (2011). “§4212 (d); 48 CFR §§22.1310 (b) and 52.222–37(c) (2008).”

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