DEI CLAUSE FOR SOLICITATIONS.docx
DOCX document 15 KB Posted
- Solicitation number
- 2121521-005
About this file
This is a Federal Acquisition Regulation (FAR) clause guidance document outlining recent changes to diversity, equity, and inclusion (DEI) requirements in federal contracting. Effective April 2026, contracting officers are required to insert FAR clause 52.222-90 (Addressing DEI Discrimination by Federal Contractors) into all new solicitations and contracts exceeding the micro-purchase threshold. This new clause prohibits contractors from operating, funding, or promoting DEI initiatives in ways that violate federal anti-discrimination laws. Noncompliance carries significant penalties including contract termination, suspension, debarment, and potential False Claims Act liability.
Simultaneously, multiple legacy equal employment opportunity clauses are being removed from new and existing solicitations and contracts, including FAR 52.222-21 through 52.222-27 and 52.222-29, which previously mandated affirmative action compliance, equal opportunity representations, and visa denial notifications. FAR Subpart 22.8 (Equal Employment Opportunity) has been entirely reserved and is no longer enforceable, effectively eliminating enforcement of Executive Order 11246. Contracting officers are explicitly prohibited from reviewing DEI-related representations in the System for Award Management (SAM) or evaluating DEI factors during source selection. These changes apply government-wide across all federal agencies, including the Department of Defense and General Services Administration.
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A new FAR clause was introduced in April 2026 to ban specific DEI activities among federal contractors Contracting officers are required to insert this clause into new solicitations and contracts Clause Number: FAR 52.222-90 Title: Addressing DEI Discrimination by Federal Contractors (APR 2026) Description & Operational Impact: Prohibits contractors from operating, funding, or promoting DEI initiatives in a manner that violates applicable Federal anti-discrimination laws This clause applies to new solicitations and resulting contracts valued over the micro-purchase threshold Penalties for noncompliance can include contract termination, suspension, debarment, and potential False Claims Act liability.
Legacy Clauses Being Stripped from Solicitations Pursuant to Class Deviations issued by the Department of Defense (DoD) and the General Services Administration (GSA), contracting officers are explicitly instructed not to include several legacy clauses in new or open solicitations Additionally, FAR Subpart 22.8 (Equal Employment Opportunity) has been entirely removed and marked as "reserved," effectively halting the enforcement of Executive Order 11246 The following clauses are being actively removed from new solicitations, and existing contracts are being modified to strike them out
| Clause Number | Title | Status | ||
| FAR 52.222-21 | Prohibition of Segregated Facilities | Removed | ||
| FAR 52.222-22 | Previous Contracts and Compliance Reports | Removed | ||
| FAR 52.222-23 | Notice of Requirement for Affirmative Action | Removed |
To Ensure Equal Employment Opportunity for Construction FAR 52.222-24 Pre-award On-Site Equal Opportunity Removed Compliance Evaluation
| FAR 52.222-25 | Affirmative Action Compliance | Removed | ||
| FAR 52.222-26 | Equal Opportunity | Removed | ||
| FAR 52.222-27 | Affirmative Action Compliance Requirements | |||
| for Construction | Removed |
FAR 52.222-29 Notification of Visa Denial Removed
Furthermore, contracting officers are no longer permitted to review representations in the System for Award Management (SAM) that are based upon these older solicitation provisions, nor are they allowed to evaluate DEI-related factors in source selection criteria
File details come from the government source that posted it. Updated .