52.222-22
Previous Contracts and Compliance Reports
Offerors must certify their compliance with equal opportunity reporting requirements and ensure subcontractors do the same before contract award.
Overview
FAR 52.222-22 requires offerors to disclose whether they have previously participated in contracts or subcontracts subject to the Equal Opportunity clause and whether they have filed all required compliance reports. This provision is included in solicitations to ensure that contractors and their proposed subcontractors are in compliance with federal equal opportunity reporting requirements before contract award.
Key Rules
- Disclosure of Previous Participation
- Offerors must state if they have previously been involved in contracts or subcontracts that included the Equal Opportunity clause.
- Compliance Report Filing
- Offerors must indicate whether they have filed all required compliance reports related to equal opportunity.
- Subcontractor Compliance
- Offerors must obtain signed representations from proposed subcontractors confirming submission of required compliance reports before awarding subcontracts.
Responsibilities
- Contracting Officers: Ensure this provision is included in solicitations and verify offeror and subcontractor compliance.
- Contractors: Accurately represent their compliance history and ensure subcontractors provide required certifications.
- Agencies: Oversee compliance with equal opportunity requirements and maintain documentation.
Practical Implications
- This provision helps prevent awarding contracts to entities not in compliance with equal opportunity laws.
- Contractors must maintain accurate records of compliance and proactively gather required documentation from subcontractors.
- Failure to comply can result in ineligibility for contract award or other penalties.