Amendment_3_Attachment_3_52_222-90_Addressing_DEI_Discrimination_by_Federal_Contractors_(DEVIATION_April_2026)_0003.docx
DOCX document 15 KB Posted
- Attached to
- Arkansas Valley Conduit - Crowley Reach 1
- Solicitation number
- 140R6026R0001
About this file
This is a federal contract clause attachment addressing diversity, equity, and inclusion (DEI) discrimination requirements for federal contractors. The clause, designated 52.222-90, establishes prohibitions against racially discriminatory DEI activities by contractors and subcontractors performing work under federal contracts with the Department of the Interior Bureau of Reclamation for the Arkansas Valley Conduit - Crowley Reach 1 project.
The clause defines racially discriminatory DEI activities as disparate treatment based on race or ethnicity in recruitment, employment (hiring, promotions), contracting (vendor agreements), program participation, or resource allocation. Contractors must refrain from such activities, provide all requested information and documentation to demonstrate compliance, report any subcontractor violations to the Contracting Officer, and take corrective actions as directed. Noncompliance may result in contract cancellation, termination, suspension, or declaration of ineligibility for future government contracts. Contractors must flow down this clause to all subcontractors at any tier, except those performing work outside the United States. Compliance with these requirements is designated as 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 (DEVIATION APRIL 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; 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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