DEI Clause.docx
DOCX document 14 KB Posted
- Attached to
- 28ft Conservation No-tilt Drill Federal contract opportunity
- Solicitation number
- 1232SA26Q0479
About this file
This file contains a federal contract clause (FAR 52.222-90) addressing Diversity, Equity, and Inclusion (DEI) discrimination requirements for federal contractors. The clause prohibits contractors and subcontractors from engaging in racially discriminatory DEI activities, defined as disparate treatment based on race or ethnicity in recruitment, employment decisions (including hiring and promotions), contracting (vendor agreements), program participation, or resource allocation. Contractors must provide all information and reports requested by the Contracting Officer to demonstrate compliance, and failure to comply may result in contract cancellation, termination, suspension, or contractor ineligibility for future government contracts.
The clause imposes mandatory reporting and remediation obligations, requiring contractors to report any known or reasonably knowable subcontractor violations to the Contracting Officer and implement corrective actions as directed. Contractors must also notify the Contracting Officer if a subcontractor initiates legal action challenging the validity of the clause. Compliance with this clause is designated as material to the government's payment decisions under 31 U.S.C. 3729(b)(4), and contractors must flow down the requirements to all subcontractors at any tier, including those for commercial products and services, except where performance occurs outside the United States. This clause applies to the Department of Agriculture Agricultural Research Service's solicitation 1232SA26Q0479 for a 28ft Conservation No-tilt Drill.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| C5_Combined Synopsis_Solicitation_Revised 10 Apr 2026.docx | DOCX document | |
| Highest Technically Rated with Fair and Reasonable Pricing Evaluation Criteria.docx | DOCX document | |
| 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)
File details come from the government source that posted it. Updated .