DEI Clause.docx

DOCX document 14 KB Posted

Attached to
928 Series Macro Nitrogen Determinator
Solicitation number
1232SA26Q0467
Issued by

About this file

This is a federal contract clause document addressing Diversity, Equity, and Inclusion (DEI) discrimination requirements for federal contractors. The clause, designated as 52.222-90, prohibits contractors from engaging in racially discriminatory DEI activities, defined as disparate treatment based on race or ethnicity in recruitment, employment, contracting, program participation, or resource allocation and deployment. Contractors must provide all requested information and reports to the Contracting Officer to demonstrate compliance and must report any known or reasonably knowable violations by subcontractors, taking appropriate remedial actions as directed. Noncompliance may result in contract cancellation, termination, suspension, or contractor ineligibility for future government contracts.

The clause applies to the procurement of a 928 Series Macro Nitrogen Determinator (Leco Corporation brand) by the Department of Agriculture Agricultural Research Service under solicitation number 1232SA26Q0467. Contractors must include the substance of this clause in all subcontracts at any tier, including those for commercial products and services, except where performance or delivery occurs outside the United States. Compliance with these requirements is material to the government's payment decisions under 31 U.S.C. 3729(b)(4).

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Text version

52.222-90 Addressing DEI Discrimination by Federal Contractors.

As prescribed in 22.2203, insert the following clause:

Addressing DEI Discrimination by Federal Contractors (Deviation DATE)

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

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