FAR 52.222-35 Checklist: Equal Opportunity for Veterans in Bids
Federal solicitations require trade contractors and estimators to look beyond basic takeoff sheets and confirm required labor standards before submitting figures. Under federal contracting rules, clause Acquisition.GOV FAR 52.222-35 establishes nondiscrimination and affirmative action mandates regarding protected veterans. This bid-day checklist outlines the specific verifications commercial estimators and project managers must complete to ensure full alignment with federal veteran employment rules and subcontract obligations.
Item 1: Confirm Clause Prescription and Document Baseline
Before closing out indirect costs and compliance requirements on bid day, review the prime contract solicitation to see whether clause FAR 52.222-35, Equal Opportunity for Veterans (Jun 2020), is incorporated. Contracting officers insert this provision under the prescription set in FAR 22.1310(a)(1). Confirming that the solicitation cites the correct June 2020 text ensures your team is evaluating the right compliance baseline rather than an outdated standard.
Contractors should also review how this standard interfaces with other federal compliance provisions. For estimators building full subcontract packages alongside a Bid Day Checklist for Drywall and Ceiling Subcontractors, tracking federal labor obligations early prevents unexpected administrative burdens during project buyout.
Item 2: Verify Protected Veteran Classifications
Estimators and project teams must verify that hiring policies and workforce administration account for the defined categories of veterans covered by the clause. FAR 52.222-35(a) explicitly references FAR 22.1301 for the exact definitions of covered individuals. Your bid-day administrative review should verify coverage across all designated groups:
- Active duty wartime or campaign badge veterans
- Armed Forces service medal veterans
- Disabled veterans
- Qualified disabled veterans
- Recently separated veterans
- Protected veterans
Understanding these specific classifications ensures your human resources and field management procedures align directly with the definitions established by federal acquisition regulations.
Item 3: Audit Compliance with 41 CFR 60-300.5(a) Mandates
Subsection (b) of the clause requires contractors to abide by the equal opportunity mandates outlined in 41 CFR 60-300.5(a), established as of March 24, 2014. These duties require affirmative action by the contractor to employ and advance qualified protected veterans in employment. Simultaneously, the provision strictly prohibits discrimination against any qualified protected veteran.
Because these affirmative action and employment duties apply to federal project staffing, estimators should confirm that company operations comply with the March 24, 2014 baseline. Failure to maintain compliant employment practices can trigger enforcement action during project execution.
Item 4: Check Subcontract Flow-Down Thresholds
If you are bidding as a prime general contractor or a tiered subcontractor issuing lower-tier agreements, verify the subcontract flow-down requirements outlined in paragraph (c) of Acquisition.GOV FAR 52.222-35. The clause dictates that the prime contractor must insert the full terms of FAR 52.222-35 into subcontracts that are valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award.
Confirm the following flow-down rules before finalizing tier-subcontract documents:
- The subcontract value meets or exceeds the threshold specified in FAR 22.1303(a) at award.
- The agreement is not exempted by rules, regulations, or orders issued by the Secretary of Labor.
- Necessary changes in language are made to properly identify the contracting parties and their undertakings.
- Subcontract terms incorporate the contractor's duty to act as directed by the Director, Office of Federal Contract Compliance Programs, to enforce compliance.
For more details on managing subcontract labor provisions across tiers, review our guide on FAR 52.222-11 Labor Standards Flow-Down: Contractor Q&A Guide.
Item 5: Screen Solicitations for Alternate I Waivers
A final bid-day check requires reviewing whether the government has included Alternate I (Jul 2014) in the solicitation package. Contracting officers prescribe Alternate I under FAR 22.1310(a)(2). When present, Alternate I inserts a formal preamble notice at the beginning of the clause stating that specific terms are waived for that particular contract.
Estimators should inspect this preamble to see which individual terms, if any, the government has listed as waived. Verifying this waiver text ensures your estimate accounts only for the active, enforceable terms of the veteran equal opportunity clause.
Sources
52.222-35 Equal Opportunity for Veterans. | Acquisition.GOV
Published November 9, 2026. No affiliate links on this page. Facts come from the sources linked above; check them for updates.