52.222-25
Affirmative Action Compliance
Offerors must certify whether they have developed and maintain required affirmative action programs at each establishment as a condition of federal contract eligibility.
Overview
FAR 52.222-25, Affirmative Action Compliance, is a solicitation provision requiring offerors to certify their compliance with affirmative action program requirements as mandated by the Secretary of Labor. Specifically, offerors must indicate whether they have developed and maintain affirmative action programs at each establishment, as required by 41 CFR 60-1 and 60-2, or whether they have not previously held contracts subject to these requirements. This provision is used to ensure that contractors bidding on federal contracts are aware of and comply with equal employment opportunity obligations, particularly those related to affirmative action planning and recordkeeping.
Key Rules
- Affirmative Action Program Certification
- Offerors must represent whether they have developed and have on file the required affirmative action programs at each establishment.
- Disclosure of Prior Contract Status
- Offerors must indicate if they have not previously had contracts subject to the written affirmative action program requirements.
Responsibilities
- Contracting Officers: Must include this provision in solicitations as prescribed and review offeror responses for compliance.
- Contractors/Offerors: Must accurately complete the representation regarding their affirmative action program status.
- Agencies: Ensure compliance with affirmative action requirements and maintain documentation for oversight.
Practical Implications
- This provision ensures only compliant contractors are considered for award, promoting equal employment opportunity.
- Contractors must maintain up-to-date affirmative action programs and be prepared to demonstrate compliance.
- Inaccurate or false representations can lead to disqualification or penalties.