48 C.F.R. § 52.222-35

52.222-35 Equal Opportunity for Veterans.

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As prescribed in 22.1310(a)(1), insert the following clause:

Equal Opportunity for Veterans (JUN 2020)

(a) Definitions. As used in this clause—

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

Alternate I (July 2014). As prescribed in 22.1310(a)(2), add the following as a preamble to the clause:

Notice: The following term(s) of this clause are waived for this contract: __________[List term(s)].

[79 FR 43579, July 25, 2014, as amended at 80 FR 38300, July 2, 2015; 85 FR 27095, May 6, 2020]

Notes of Decisions

Cited in 2 cases, 2009–2013 · leading case: United States ex rel. Kirk v. Schindler Elevator Corp., 926 F. Supp. 2d 510 (S.D.N.Y. 2013).

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United States ex rel. Kirk v. Schindler Elevator Corp., 926 F. Supp. 2d 510 (S.D.N.Y. 2013). “10 ; 48 C.F.R. §§ 52.222-35 to -38). VEVRAA also conditions federal payments to contractors on their compliance with VEVRAA’s reporting requirements.”

United States Ex Rel. Kirk v. Schindler Elevator Corp., 606 F. Supp. 2d 448 (S.D.N.Y. 2009). “10 ; 48 C.F.R. §§ 52.222-35 to -38. According to Kirk, Schindler has failed to comply with these requirements for a number of years.”

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