FAR 52.222-25—Affirmative Action Compliance.
Plain-English Summary
FAR 52.222-25 is a solicitation provision used to obtain an offeror’s representation about its affirmative action compliance status under the Department of Labor’s equal employment opportunity rules. It addresses whether the offeror has developed and keeps on file affirmative action programs at each establishment, as required by the Secretary of Labor’s regulations at 41 CFR 60-1 and 60-2, or whether the offeror has not previously had contracts subject to the written affirmative action program requirement. In practice, this provision helps the contracting officer identify whether the offeror is already subject to written affirmative action program obligations and whether those programs exist where required. The provision does not itself create the affirmative action program requirement; rather, it captures the offeror’s representation for use in the procurement record and compliance review. It is important because inaccurate representations can create compliance risk, and because the answer may affect how the contractor is viewed under equal employment opportunity and affirmative action obligations during contract performance.
Key Rules
Offeror must represent status
The provision requires the offeror to choose the statement that accurately describes its affirmative action program status. The offeror is not making a general promise here; it is specifically representing whether it has the required programs on file or whether it has never had contracts subject to the written program requirement.
Programs must exist at each establishment
If the offeror selects the first option, it is representing that affirmative action programs have been developed and are maintained on file at each establishment, as required by the applicable Department of Labor regulations. This is an establishment-level compliance statement, not just a corporate-level statement.
Regulatory basis is DOL rules
The referenced requirements come from 41 CFR 60-1 and 60-2, which govern affirmative action obligations under the Secretary of Labor’s rules and regulations. The provision ties the representation to those external regulations rather than restating the full substantive requirements.
Alternative for first-time covered firms
If the offeror has not previously had contracts subject to the written affirmative action program requirement, it may select the second option. This allows firms that have not yet been subject to the written program requirement to represent that fact instead of claiming existing programs.
Applies as a solicitation representation
This clause is a provision, meaning it is used in solicitations and completed by offerors at the offer stage. It is intended to support the government’s evaluation and compliance administration, not to serve as the operative contract clause imposing performance duties.
Responsibilities
Offeror
Review its affirmative action compliance status before submitting an offer and accurately select the statement that applies. The offeror must ensure that any claimed affirmative action programs are actually developed, maintained on file, and in place at each establishment if it chooses the first option.
Contracting Officer
Include the provision when prescribed by FAR 22.810(d), obtain the offeror’s representation, and retain the completed representation in the procurement record. The contracting officer should also be alert to inconsistencies or apparent misrepresentations that may warrant follow-up.
Agency
Use the representation as part of its procurement compliance framework and ensure solicitations include the provision when required. The agency also relies on the representation to support oversight of equal employment opportunity and affirmative action-related obligations.
Department of Labor / OFCCP
Establish and enforce the underlying affirmative action program requirements in 41 CFR 60-1 and 60-2. These authorities define when written affirmative action programs are required and how compliance is assessed.
Practical Implications
Contractors should verify their affirmative action program status before bidding, especially if they have multiple establishments or are newly subject to federal affirmative action requirements.
A common pitfall is assuming a corporate-level program is enough when the representation refers to programs maintained at each establishment as required by the regulations.
Another risk is selecting the “not previously had contracts” statement without confirming whether prior covered contracts triggered the written program requirement; inaccurate representations can create compliance and responsibility issues.
Contracting officers should treat this as a compliance representation, not a substitute for substantive review of affirmative action obligations when those obligations are otherwise applicable.
Because the provision is tied to external DOL regulations, users should read it together with 41 CFR 60-1 and 60-2 to understand the actual program requirements and coverage thresholds.
Official Regulatory Text
As prescribed in 22.810 (d) , insert the following provision: Affirmative Action Compliance (Apr 1984) The offeror represents that- (a) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor ( 41 CFR 60-1 and 60-2 ); or (b) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (End of provision)