FAR 52.222-22—Previous Contracts and Compliance Reports.
Plain-English Summary
FAR 52.222-22 is a solicitation provision used in connection with the Equal Opportunity clause and affirmative action compliance framework in federal contracting. It requires the offeror to represent whether it has participated in a previous contract or subcontract subject to the Equal Opportunity clause and whether it has filed all required compliance reports. The provision also addresses proposed subcontractors by requiring the offeror to obtain signed representations from them before subcontract awards, confirming submission of required compliance reports. In practice, this provision helps the Government screen for basic equal employment opportunity compliance history and ensures that compliance-report obligations are carried through to subcontracting. It is a preaward representation, so it affects proposal preparation, subcontract planning, and the contractor’s internal recordkeeping and compliance coordination. The section is important because inaccurate representations can create award risk, compliance follow-up, and potential responsibility or performance issues if reporting obligations have not been met.
Key Rules
Offeror must make representations
The offeror must indicate whether it has or has not participated in a previous contract or subcontract subject to the Equal Opportunity clause, and whether it has or has not filed all required compliance reports. These are affirmative representations made as part of the solicitation response.
Prior Equal Opportunity coverage matters
The provision applies only if the offeror previously participated in a contract or subcontract subject to the Equal Opportunity clause. The offeror must assess its prior federal or federally related contracting history and answer accurately.
Compliance report filing must be current
The offeror must represent whether all required compliance reports have been filed. This means the offeror must know its reporting obligations and confirm that any required reports were submitted on time and in full.
Subcontractor representations are required
If the offeror proposes subcontractors, it must obtain signed representations from them before subcontract awards stating that required compliance reports have been submitted. This pushes compliance verification down the subcontracting chain.
Provision is a solicitation representation
This clause is not itself the substantive Equal Opportunity clause; it is a preaward representation provision. Its function is to collect compliance-related information before award, not to impose the underlying equal opportunity obligations by itself.
Responsibilities
Offeror
Review prior contracts and subcontracts subject to the Equal Opportunity clause, determine whether all required compliance reports have been filed, and complete the representation accurately in the offer.
Offeror
If subcontractors are proposed, obtain signed representations from each proposed subcontractor before making subcontract awards confirming that required compliance reports have been submitted.
Proposed Subcontractor
Provide a signed representation to the offeror regarding whether required compliance reports have been filed, so the offeror can satisfy the solicitation requirement before subcontract award.
Contracting Officer
Include the provision when prescribed by FAR 22.810(a)(2), review the offeror’s representation as part of the solicitation response, and address any apparent compliance concerns through the acquisition process as appropriate.
Agency
Use the provision as part of its equal opportunity compliance oversight framework and maintain the reporting and enforcement structure that makes the representation meaningful.
Practical Implications
Offerors should verify their compliance-report history before submitting an offer; a mistaken checkbox can create credibility and responsibility concerns.
Contractors with active subcontracting plans need a process to collect signed subcontractor representations early, because the requirement must be satisfied before subcontract award.
This provision is often overlooked as a paperwork item, but it can expose gaps in equal opportunity compliance reporting that may also matter under other labor and civil rights requirements.
Contracting officers should treat inconsistent or incomplete answers as a signal to ask follow-up questions or coordinate with labor/compliance staff.
Because the provision depends on prior participation in covered contracts or subcontracts, contractors should maintain organized records of past awards and reporting submissions.
Official Regulatory Text
As prescribed in 22.810 (a)(2) , insert the following provision: Previous Contracts and Compliance Reports (Feb 1999) The offeror represents that- It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; It □ has, □ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision)