DEI Clause.docx
DOCX document 14 KB Posted
- Attached to
- Wintersteiger Plot Combine Federal contract opportunity
- Solicitation number
- 1232SA26Q0468
About this file
This file contains Federal Acquisition Regulation (FAR) clause 52.222-90, "Addressing DEI Discrimination by Federal Contractors," which establishes requirements for federal contractors to prohibit racially discriminatory diversity, equity, and inclusion (DEI) activities. The clause defines racially discriminatory DEI activities as disparate treatment based on race or ethnicity in recruitment, employment decisions, contracting, program participation, or resource allocation. Contractors are prohibited from engaging in such activities and must provide information, reports, and access to records as requested by the Contracting Officer to demonstrate compliance.
The clause imposes significant compliance obligations on contractors and their subcontractors, including mandatory reporting of known or reasonably knowable violations to the Contracting Officer and implementation of remedial actions as directed. Noncompliance can result in contract cancellation, termination, suspension, or contractor ineligibility for future Government contracts. Contractors must include the substance of this clause in all subcontracts at any tier, except those with places of performance outside the United States. The clause is designated as material to Government payment decisions under 31 U.S.C. 3729(b)(4), indicating that compliance is a substantive contract requirement rather than merely procedural guidance.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Combine Specifications.docx | DOCX document | |
| 1232SA26Q0468.pdf | ||
| LPTA Brand Name or Equal Evaluation Criteria.doc | DOC document | |
| C5_Combined Synopsis_Solicitation_Revised 10 Apr 2026.docx | DOCX document | |
| Combine Specifications.docx | DOCX document |
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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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