Clauses · FAR · Small business, labor and socioeconomic · provision
FAR 52.222-25 Affirmative Action Compliance
Does the regulation require it to flow down?
No
No mandate ever existed — it is an offeror representation. Primes carry it because their own Section I list carried it, and because the E.O. 11246 regime made the prime responsible for its subcontractors' affirmative action posture. Both reasons expired on 2025-01-21
A clause can reach your subcontract without a mandate. Once it is in your document, it is a contract term all the same. The missing mandate is a fact about the regulation. It is not a ruling on your order.
Checked against acquisition.gov on 2026-08-05 · edition Apr 1984 — INOPERATIVE: E.O. 11246 revoked, provision removed and marked reserved by the RFO Part 22 model deviation · base v0.9.3 Read the text ↗
What it makes you produce
One item for your checklist.
Something you fill in and send back
Hours, once you know which one is missing.
The representation, one box: that affirmative action programs required by 41 CFR 60-1 and 60-2 have been developed and are on file at each establishment, or that they have not
FAR 52.222-25(a)
When it is used
Legacy prescription 22.810(d): a solicitation provision for NON-construction solicitations where 52.222-26 (Equal Opportunity) applied. Reality as of 2026-08-05: dead by the same chain as 52.222-22 — E.O. 11246 revoked by E.O. 14173 (2025-01-21), enforcement stopped by DOL Order 03-2025 on 2025-01-24 (unconfirmed — DOL Order 03-2025 was not read: dol.gov returns 403 and the Federal Register carries no matching document), 'do not include' by class deviation since 2025-02-15, removed and marked reserved by the RFO Part 22 model deviation. Still printed in the codified FAR at FAC 2026-01, and still asked by SAM.
Read closely
Paragraph (b) is the second box, for an offeror that has not previously held contracts subject to the written affirmative action program requirement. Same chain as FAR 52.222-22: Executive Order 11246 revoked on 2025-01-21, class deviations directing contracting officers since 2025-02-15 not to include it, the model text for the FAR overhaul marking it reserved, and OFCCP enforcement stopped under DOL Order 03-2025 on 2025-01-24 (unconfirmed — DOL Order 03-2025 was not read: dol.gov returns 403 and the Federal Register carries no matching document). The affirmative action duties for protected veterans (FAR 52.222-35) and for workers with disabilities (FAR 52.222-36) rest on their own statutes and were not touched.
The 1 template that name it, with the line
Source: acquisition.gov, FAR 52.222-25, FAR 22.810(d) and FAR 52.212-3(d)(2) (verified 2026-08-05); CAAC class deviation findings and determination for E.O.s 14173 and 14168 (2025-05-15); HUD class deviation of 2025-05-22 (contractor notice naming 52.222-25); RFO Part 22 model deviation status via the VA class deviation of 2025-11-13
This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.