DEI Clause.docx
DOCX document 15 KB Posted
- Attached to
- Brunauer–Emmett–Teller Surface Area Analyzer
- Solicitation number
- 1232SA26Q0516
About this file
This is a federal contract clause document that establishes requirements for addressing discriminatory Diversity, Equity, and Inclusion (DEI) activities by federal contractors. The clause, designated 52.222-90, prohibits contractors and subcontractors from engaging in racially discriminatory DEI activities, defined as disparate treatment based on race or ethnicity in recruitment, employment decisions (hiring, promotions), contracting (vendor agreements), program participation, or resource allocation and deployment.
Under this clause, contractors must provide all requested information and reports to the Contracting Officer to demonstrate compliance, including access to books, records, and accounts. Noncompliance may result in contract cancellation, termination, suspension in whole or in part, or contractor ineligibility for future Government contracts. Contractors are required to report any subcontractor conduct that may violate the clause to the Contracting Officer and implement appropriate remedial actions as directed. Contractors must also notify the Contracting Officer if a subcontractor initiates legal action challenging the clause's validity. The clause specifies that compliance is material to Government payment decisions under 31 U.S.C. 3729(b)(4) and must be incorporated into subcontracts at all tiers, except those with performance or delivery locations outside the United States.
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Other files
| File | Type | Posted |
|---|---|---|
| C05g_Solicitation 1232SA26Q0516.docx | DOCX document | |
| LPTA Evaluation Criteria for a Service Contract.docx | DOCX document | |
| 1232SA26Q0516.pdf | ||
| Surface-Pore Analzyer - Specifications.docx | DOCX document | |
| Solicitation 1232SA26Q0516.docx | DOCX document | |
| LPTA Evaluation Criteria for a Service Contract.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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