In plain English
FAR 52.222-36, Equal Opportunity for Workers with Disabilities, is a contract clause prescribed at FAR 22.140, most recently dated Jun 2020. The complete official text is reproduced below, verbatim, from GSA's published FAR source files.
Its own text directs the contractor to include it in certain subcontracts, subject to the conditions quoted in the flowdown section below.
Does it flow down to subcontracts?
Flows down conditionally — mandate with stated conditions
“The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor.”— FAR 52.222-36, official text
Required in subcontracts by OTHER clauses
These clauses direct that FAR 52.222-36 be included in certain subcontracts:
“(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. … (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).”— FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services
“(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial products or commercial services: (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509), if the subcontract exceeds the threshold specified in FAR 3.1004(a) on the date of subcontract award, and … … (xiii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212(a)); (xiv) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)(29 U.S.C.793).”— FAR 52.244-6, Subcontracts for Commercial Products and Commercial Services
Where it's prescribed
As prescribed in 22.1408(a), insert the following clause:
Prescribing reference: FAR 22.140.
The official text, verbatim
As prescribed in 22.1408(a), insert the following clause:
Equal Opportunity for Workers with Disabilities (Jun 2020)
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(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
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(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, 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 (Jul 2014). As prescribed in 22.1408 (b), 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)].