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  • Question

    Now that the aggregate value of the PO is greater than $10K, does the buyer need to obtain an EEO certification from the supplier?


    Answer

    FAR 22.807(b)(1) exempts contracts less valued at less than $10,000 from the inclusion of the Equal Opportunity clause, unless the aggregate value of contracts to a single contractor in a 12 month period exceeds $10,000. The buyer excluded the clause when the purchase order was valued at $8,000. If the P.O. value rises above $10,000 ($16,000 in your case) prior to being awarded— i.e., the RFQ was re-solicited at the higher value— then the clause should have been added to the P.O. However, if the value was added via modification after award of the P.O., then I know of no requirement in the FAR that the EEO clause be applied retroactively. Typically, clauses are applied only prospectively unless a regulation states that inclusion of a clause is also required retroactively.


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