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FAR and DFARS › DFARS Part 252: Solicitation Provisions and Contract Clauses › Subpart 252.2

DFARS 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This clause restricts the use of mandatory arbitration agreements by the contractor and its covered subcontractors. It prohibits requiring employees or independent contractors to arbitrate claims under Title VII of the Civil Rights Act of 1964 or torts related to sexual assault or harassment. The contractor must also certify that it flows down these restrictions to covered subcontractors.

Applies to: Contractors and covered subcontractors with subcontracts over $1 million (except commercial products/services)

What it requires

  • Not enter into agreements requiring employees or independent contractors to arbitrate Title VII claims or torts related to sexual assault or harassment.
  • Not enforce existing agreements that mandate arbitration of such claims.
  • Certify by contract signature that each covered subcontractor agrees not to enter into or enforce such agreements.

Key terms: Covered subcontractor · Subcontract · Title VII of the Civil Rights Act of 1964 · Mandatory arbitration agreements · Secretary of Defense

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

As prescribed in 222.7405, use the following clause:

Restrictions on the Use of Mandatory Arbitration Agreements (JAN 2023)

(a) Definitions. As used in this clause—

Covered subcontractor means any entity that has a subcontract valued in excess of $1 million, except a subcontract for the acquisition of commercial products or commercial services, including commercially available off-the-shelf items.

Subcontract means any contract, as defined in Federal Acquisition Regulation subpart 2.1, to furnish supplies or services for performance of this contract or a higher-tier subcontract thereunder.

(b) The Contractor—

(1) Agrees not to—

(i) Enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration—

(A) Any claim under title VII of the Civil Rights Act of 1964; or

(B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or

(ii) Take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration—

(A) Any claim under title VII of the Civil Rights Act of 1964; or

(B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; and

(2) Certifies, by signature of the contract, that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce, any provision of any existing agreements, as described in paragraph (b)(1) of this clause, with respect to any employee or independent contractor performing work related to such subcontract.

(c) The prohibitions of this clause do not apply with respect to a contractor's or subcontractor's agreements with employees or independent contractors that may not be enforced in a court of the United States.

(d) The Secretary of Defense may waive the applicability of the restrictions of paragraph (b) of this clause in accordance with Defense Federal Acquisition Regulation Supplement 222.7404.

(End of clause)

Sections it refers to

Sections that refer to it

← 252.222-7005 Prohibition on use of nonimmigrant aliens—Guam. · 252.223-7000 [Reserved] →

Rule changes for DFARS Part 252

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements · SpendQuery