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    One of the questions on the form is: "Has Supplier filed Positive Representation of Previous Contracts and Compliance Reports?" I have found no one that explain what information that question is asking for? Is there a FAR or DFAR clause that explains?


    Answer

    FAR provision 52.222-24 (Preaward On-Site Equal Opportunity Compliance Evaluation) and FAR clause 52.222-26 (Equal Opportunity) require that prospective Contractor(s) and first-tier subcontractors with anticipated contracts/subcontracts of $10 million or more shall be subject to a preaward compliance evaluation by the Office of Federal Contract Compliance Programs (OFCCP)and that those same contractors will administer a compliant Equal Opportunity program.  FAR 22.810(c) and (e) require the use of each of these clauses in solicitations and contracts, other than those for construction, if the contract is expected to be $10 million or more, unless the contract is exempt from the requirements of Executive Order 11246.

    For more information, see FAR subpart 22.8 Equal Employment Opportunity which prescribes policies and procedures pertaining to nondiscrimination in employment by contractors and subcontractors. Specifically, FAR 22.805 describes the procedures for obtaining a preaward clearance for a specific prospective contractor. In addition, see http://www.dol-esa.gov/preaward/pa_reg.html for the OFCCP’s National Preaward Registry (referenced in FAR 22.805) and/or http://www.dol.gov/ofccp/regs/compliance/preaward/pacrqsts.htm for specific instructions regarding the process to request EEO Clearance for a prospective contractor if they are not in the registry.

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