Executive Order 14173 revoked Executive Order 11246, the 1965 order behind the federal Equal Opportunity contract clause. The Revolutionary FAR Overhaul Part 22 model deviation carries that through: 52.222-26 and 52.222-21 are removed and reserved, Subpart 22.8 is reserved, and a new clause 52.222-90 is added. The veterans and disability clauses survive, because they rest on statutes rather than on the revoked order.
Adoption is staggered, which matters more here than it did for Part 40. 31 agencies have adopted the Part 22 deviation, on dates running from 3 November 2025 to 31 July 2026. Whether these clauses apply to your acquisition depends on your agency and your solicitation date — see the table below.
| Clause | Title | Status under the deviation |
|---|---|---|
| 52.222-21 | Prohibition of Segregated Facilities | Removed & reserved |
| 52.222-26 | Equal Opportunity | Removed & reserved |
Both were prescribed under Subpart 22.8, Equal Employment Opportunity, which the deviation reserves. With the subpart reserved there is no prescription left to trigger either clause.
Prescribed at 22.2203. Domestic or mixed place of performance. No dollar threshold. This is a new clause introduced by the Part 22
deviation, not a renumbered version of 52.222-26 — it addresses a different obligation and does
not restate the E.O. 11246 requirements.
The distinction that decides each case is whether the clause rests on an executive order or on a statute. E.O. 11246 was an executive order, so revoking it removed its clauses. The clauses below trace to statutes Congress passed, which an executive order cannot undo.
| Clause | Title and authority | Prescribed at | Applies when |
|---|---|---|---|
| 52.222-35 | Equal Opportunity for Veterans VEVRAA, 38 U.S.C. 4212 | 22.1310(a)(1) | $200,000 or more, domestic or mixed performance |
| 52.222-36 | Equal Opportunity for Workers with Disabilities Section 503, Rehabilitation Act | 22.1408(a) | Over $15,000 |
| 52.222-37 | Employment Reports on Veterans VEVRAA, 38 U.S.C. 4212 | 22.1310(b) | $200,000 or more, domestic or mixed performance |
| 52.222-6 | Construction Wage Rate Requirements Davis-Bacon Act | 22.407(a) | Construction acquisitions |
| 52.222-41 | Service Contract Labor Standards Service Contract Act, 41 U.S.C. ch. 67 | 22.1006(a)(1) | SCLS applies and over $2,500 |
| 52.222-50 | Combating Trafficking in Persons 22 U.S.C. 7104b | 22.1705(a)(1) | All acquisitions |
| 52.222-54 | Employment Eligibility Verification E.O. 13465 | 22.1803 | Over $150,000, non-COTS, domestic or mixed |
| 52.222-55 | Minimum Wages for Contractor Workers Under E.O. 14026 E.O. 14026 | 22.1906 | SCLS applies, domestic or mixed performance |
| 52.222-62 | Paid Sick Leave Under Executive Order 13706 E.O. 13706 | 22.2110 | SCLS applies, domestic or mixed performance |
Two executive-order clauses also survive the deviation as encoded: 52.222-55 (E.O. 14026 minimum wage) and 52.222-62 (E.O. 13706 paid sick leave). Revoking E.O. 11246 did not disturb them, because each rests on its own separate order.
31 agencies, over nine months. If your agency is not listed, the legacy Part 22 clause set — including 52.222-26 — still governs your acquisitions.
| Adopted | Agencies |
|---|---|
| 2025-11-03 | USDA |
| 2025-11-21 | HHS |
| 2025-11-26 | CFTC |
| 2025-12-01 | SEC UDALL |
| 2025-12-05 | NSF |
| 2025-12-19 | NASA |
| 2025-12-22 | CPSC |
| 2026-02-17 | DOD |
| 2026-04-20 | GSA |
| 2026-04-22 | ED |
| 2026-04-23 | MCC VA |
| 2026-04-24 | DOJ DOT EPA |
| 2026-04-27 | CFPB DHS DOE DOS HUD |
| 2026-04-29 | NLRB OPM |
| 2026-04-30 | NRC |
| 2026-05-01 | PBGC |
| 2026-05-04 | DOI |
| 2026-05-08 | FCC |
| 2026-05-15 | PC |
| 2026-06-30 | DOL |
| 2026-07-20 | NARA |
| 2026-07-31 | FMC |
Adoption data as of 2026-08-09. Thresholds shown are those in effect on 23 September 2026; each resolves by solicitation date, so an older solicitation may carry a different figure.
Not at an agency that has adopted the Revolutionary FAR Overhaul Part 22 model deviation. Executive Order 14173 revoked Executive Order 11246, which was the authority for the clause, and the deviation removes and reserves 52.222-26 and reserves Subpart 22.8. At an agency that has not adopted the Part 22 deviation, the legacy clause still applies.
Nothing replaces it one-for-one. The Part 22 deviation adds 52.222-90, Addressing DEI Discrimination by Federal Contractors, prescribed at 22.2203, but that clause addresses a different obligation rather than restating the E.O. 11246 requirements.
Yes. 52.222-35 and 52.222-37 come from VEVRAA and 52.222-36 comes from Section 503 of the Rehabilitation Act. Those are statutes, not executive orders, so revoking E.O. 11246 does not touch them and the deviation keeps all three.
Addressing DEI Discrimination by Federal Contractors, a new clause added by the Part 22 model deviation and prescribed at 22.2203. It applies where the place of performance is domestic or mixed, with no dollar threshold.
Not under the Part 22 deviation. It is removed and reserved for the same reason as 52.222-26: Subpart 22.8, which prescribed it, is reserved following the revocation of E.O. 11246.
As of 2026-08-09, 31 agencies, adopting between 3 November 2025 and 31 July 2026. Unlike Part 40, Part 22 adoption dates are staggered, so which clauses apply depends on both your agency and your solicitation date.
ArcClause resolves legacy and deviation clause sets against your agency, your acquisition attributes and your solicitation date — and shows the prescription behind every clause it picks.
Related: FAR Part 23 clauses after E.O. 14057 · FAR Part 40 security clauses · FAR overhaul tracker · full FAR clause library