FAR 52.222-22 - 52.222-22 Previous Contracts and Compliance Reports.
Current Status
DEVIATION ACTIVE
WARNING: This clause is affected by 1 active class deviation. Use the deviation text, NOT the standard clause text from the eCFR.
| Last Checked | 2026-03-11 19:32 UTC |
| Authoritative Source | https://www.ecfr.gov/current/title-48/section-52.222-22 |
Active Class Deviations
2025-O0003 - Class Deviation 2025-O0003 â Restoring Merit-Based Opportunity in Federal Contracts
Effective: None
Effect: MODIFY
Modify clause 52.222-22
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Standard Clause Text (eCFR)
(b) It â¡ has, â¡ has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) [48 FR 42478, Sept. 19, 1983, as amended at 63 FR 70286, Dec. 18, 1998]
As Modified by Deviation
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 at Federal Acquisition Regulation 52.244-6: SUBCONTR...
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52.222-22 Previous Contracts and Compliance Reports. As prescribed in 22.810(a)(2), insert the following provision: Previous Contracts and Compliance Reports (FEB 1999) The offeror represents thatâ (a) It squ; has, â¡ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; (b) It â¡ has, â¡ has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) [48 FR 42478, Sept. 19, 1983, as amended at 63 FR 70286, Dec. 18, 1998]