Part52

FAR 52.222-21 - 52.222-21 Prohibition of segregated facilities.

Current Status

DEVIATION ACTIVE

WARNING: This clause is affected by 2 active class deviations. Use the deviation text, NOT the standard clause text from the eCFR.
Last Checked2026-03-11 19:32 UTC
Authoritative Sourcehttps://www.ecfr.gov/current/title-48/section-52.222-21

Active Class Deviations

2023-O0008 - Class Deviation 2023-O0008 – Commercial Products and Commercial Services Omnibus Clause for Acquisitions Using the Procurement Desktop-Defense System

Effective: None
Effect: MODIFY

Modify clause 52.222-21

Compare clause text (side-by-side)

Standard Clause Text (eCFR)

52.222-21 Prohibition of segregated facilities. As prescribed in 22.810(a)(1), insert the following clause: Prohibition of Segregated Facilities (APR 2015) (a) Definitions. As used in this clause— Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. Segregated facilities means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.
(End of clause)
[53 FR 70285, Dec. 18, 1998, as amended at 80 FR 19507, Apr. 10, 2015]

As Modified by Deviation

52.222-21, Prohibition of Segregated Facilities (APR 2015). (viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (xiv)__(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). Page 2 of 5 Attachment Class Deviation 2023-O0008 Commercial Products and Commercial Services Omnibus Clause for Acquisitions Using the Procurement Desktop-Defense System Changes are indicated by a change bar in the right-hand margin. (xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xvi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989). (xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). (xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40. (xxiv) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64. (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate I (2023-OZZZZ) (OCT 2023). As prescribed in 12.301(b)(4)(i), delete paragraph (a) from the basic deviation clause, redesignate paragraph (b)(1) as paragraph (a), and redesignate paragraphs (b)(1)(i) through (b)(1)(xxiv) as paragraphs (a)(1) through (a)(24) and redesignate paragraph (b)(2) as paragraph (b). Alternate II (2023-OZZZZ) (OCT 2023). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (a)(1) and (b)(1) for paragraphs (a)(1) and (b)(1) of the basic deviation clause as follows: Page 3 of 5 Attachment Class Deviation 2023-O0008 Commercial Products and Commercial Services Omnibus Clause for Acquisitions Using the Procurement Desktop-Defense System Changes are indicated by a change bar in the right-hand margin. (a)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to— (i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than— (i) Paragraph (a) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (a)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (b)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (A) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021)(41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)(Section 1634 ...

2025-O0003 - Class Deviation 2025-O0003 – Restoring Merit-Based Opportunity in Federal Contracts

Effective: None
Effect: MODIFY

Modify clause 52.222-21

Compare clause text (side-by-side)

Standard Clause Text (eCFR)

52.222-21 Prohibition of segregated facilities. As prescribed in 22.810(a)(1), insert the following clause: Prohibition of Segregated Facilities (APR 2015) (a) Definitions. As used in this clause— Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. Segregated facilities means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. (End of clause) [53 FR 70285, Dec. 18, 1998, as amended at 80 FR 19507, Apr. 10, 2015]

As Modified by Deviation

52.222-21, Prohibition of Segregated Facilities. (b) 52.222-22, Previous Contracts and Compliance Reports. (c) 52.222-23, Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction. (d) 52.222-24, Preaward On-Site Equal Opportunity Compliance Evaluation. (e) 52.222-25, Affirmative Action Compliance. Class Deviation 2025-O0003 Restoring Merit-Based Opportunity in Federal Contracts (f) 52.222-26, Equal Opportunity. (g) 52.222-27, Affirmative Action Compliance Requirements for Construction. (h) 52.222-29, Notification of Visa Denial. (2) For new solicitations and contracts, use the paragraphs in the attached solicitation provisions and contract clauses in lieu of those paragraphs in the provisions and clauses in FAR part 52, as appropriate. (3) Amend open solicitations to— (a) Remove the solicitation provisions and contract clauses in paragraph (1) of this class deviation; and (b) Use the paragraphs in the attached solicitation provisions and contract clauses in lieu of those paragraphs in the provisions and clauses in FAR part 52, as appropriate. (4) Modify existing contracts to remove the contract clauses in paragraph (1) of this class deviation and incorporate the paragraphs in the attached solicitation provisions and contract clauses in lieu of those paragraphs in the provisions and clauses in FAR part 52, as appropriate. Contracting officers are not required to modify contract actions nearing the end of the period of performance (i.e., less than 6 months remaining) and without options to extend. This class deviation implements E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, and E.O. 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. E.O. 14173 revoked E.O. 11246, which was the source of the coverage at FAR subpart 22.8. E.O. 14168 directs the Government to not use the term “gender” in Federal policies and documents. This class deviation remains in effect until implemented in the FAR and DFARS. Direct questions to DPCAP/DARS at osd.dfars@mail.mil. Original signature 03/04/2025 New signature after Section 508 remediation John M. Tenaglia Principal Director, Defense Pricing, Contracting, and Acquisition Policy Attachment: As stated Page 2 of 2 Attachment 1 Class Deviation 2025-O0003 Restoring Merit-Based Opportunity in Federal Contracts 52.204-8 Annual Representations and Certifications. Substitute the following paragraphs (c)(1)(xiv) and (xv) for those paragraphs in the provision at Federal Acquisition Regulation (FAR) 52.204-8: ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2025) (DEVIATION 2025- O0003) * * * * * (c) * * * (1) * * * (xiv) [Reserved] (xv) [Reserved] * * * * * 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. Substitute the following paragraph (d) for that paragraph in the provision at FAR 52.212-3: OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2025) (DEVIATION 2025-O0003) * * * * * (d) [Reserved] * * * * * 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. Substitute the following paragraphs (b)(33), (34), and (e)(1)(ix) and (x) for those paragraphs in the clause at FAR 52.212-5: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2025) (DEVIATION 2025-O0003) * * * * * (b) * * * * * * * * Page 1 of 3 Attachment 1 Class Deviation 2025-O0003 Restoring Merit-Based Opportunity in Federal Contracts __(33) [Reserved] __(34) [Reserved] * * * * * (e)(1) * * * * * * * * (ix) [Reserved] (x) [Reserved] * * * * * Alternate II (FEB 2025) (DEVIATION 2025-O0003). Substitute the following paragraphs (e)(1)(ii)(I) and (J) for those paragraphs in Alternate II of FAR 52.212-5: * * * * * (e)(1) * * * (ii) * * * * * * * * (I) [Reserved] (J) [Reserved] * * * * * 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services). Substitute the following paragraphs (a)(1)(vii) and (viii) for those paragraphs in the clause at Federal Acquisition Regulation 52.213-4: TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (FEB 2025) (DEVIATION 2025-O0003) * * * * * (a) * * * Page 2 of 3 Attachment 1 Class Deviation 2025-O0003 Restoring Merit-Based Opportunity in Federal Contracts (1) * * * * * * * * (vii) [Reserved] (viii) [Reserved] * * * * * 52.222-9 Apprentices and Trainees. Substitute the following paragraph (c) for that paragraph in the clause at Federal Acquisition Regulation 52.222-9: APPRENTICES AND TRAINEES (FEB 2025) (DEVIATION 2025-O0003) * * * * * (c) [Reserved] * * * * * 52.244-6 Subcontracts for Commercial Products and Commercial Services. Substitute the following paragraphs (c)(1)(xi) and (xii) for those paragraphs in the clause...

Full Current Text

Show full clause text 
52.222-21 Prohibition of segregated facilities.

As prescribed in 22.810(a)(1), insert the following clause:

Prohibition of Segregated Facilities (APR 2015)

(a)
Definitions.
As used in this clause—

Gender identity
has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at
www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

Segregated facilities
means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

Sexual orientation
has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at
www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.

(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

(End of clause)

[53 FR 70285, Dec. 18, 1998, as amended at 80 FR 19507, Apr. 10, 2015]