Part52

FAR 52.222-23 - 52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction.

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 Checked2026-03-11 19:32 UTC
Authoritative Sourcehttps://www.ecfr.gov/current/title-48/section-52.222-23

Active Class Deviations

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

Effective: None
Effect: MODIFY

Modify clause 52.222-23

Compare clause text (side-by-side)

Standard Clause Text (eCFR)

52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction.
As prescribed in 22.810(b), insert the following provision: Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction (FEB 1999) (a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation for each trade Goals for female participation for each trade ________ ________ [ Contracting Officer shall insert goals ] [ Contracting Officer shall insert goals ] These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the— (2) Name, address, and telephone number of the subcontractor; (i) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is _____ [ Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the State, county, and city ]. (End of provision) [48 FR 42478, Sept. 19, 1983, as amended at 55 FR 38518, Sept. 18, 1990; 63 FR 70286, Dec. 18, 1998]

As Modified by Deviation

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: SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB ...

Full Current Text

Show full clause text
52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction.

As prescribed in 22.810(b), insert the following provision:

Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

________

________

[
Contracting Officer shall insert goals
]

[
Contracting Officer shall insert goals
]

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the
Federal Register
in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled
Affirmative Action Compliance Requirements for Construction,
and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(2) Name, address, and telephone number of the subcontractor;

(i) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the
covered area
is _____ [
Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the State, county, and city
].

(End of provision)

[48 FR 42478, Sept. 19, 1983, as amended at 55 FR 38518, Sept. 18, 1990; 63 FR 70286, Dec. 18, 1998]