Atch_10_FAR_Clause_52_222-90_0001.docx
DOCX document 15 KB Posted
- Attached to
- SAPU GATES UPGRADE Federal contract opportunity
- Solicitation number
- 140P1226Q0021
About this file
This is a federal contract clause (FAR 52.222-90) addressing DEI discrimination requirements for federal contractors. The clause prohibits contractors and subcontractors from engaging in racially discriminatory diversity, equity, and inclusion (DEI) activities, which are defined as disparate treatment based on race or ethnicity in recruitment, employment decisions (hiring and promotions), contracting (vendor agreements), program participation, or resource allocation and deployment.
Contractors must comply with information and reporting requirements set by the Contracting Officer, including providing access to books, records, and accounts for compliance verification. Noncompliance can result in contract cancellation, termination, suspension, or contractor ineligibility for future Government contracts. Contractors are required to report known or reasonably knowable subcontractor conduct that may violate the clause and implement remedial actions as directed. The clause must be flowed down to all subcontractors at any tier, including those for commercial products and services, where performance occurs in the United States. Contractor compliance with this clause 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 (APR 2026(DEVIATION APR 2026)
(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.
(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, for which the place of delivery or performance is in the United States.
(End of clause)
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