DEI_FAR_Clause.docx
DOCX document 16 KB Posted
- Attached to
- USCG Station Fire Island Attic Vents
- Solicitation number
- 30199PR270000005
- Issued by
- Not on record
About this file
This file contains FAR Clause 52.222-90, a federal contractor compliance requirement addressing discriminatory diversity, equity, and inclusion (DEI) activities. The clause prohibits contractors and subcontractors from engaging in racially discriminatory DEI practices, defined as disparate treatment based on race or ethnicity in recruitment, employment, contracting, program participation, or resource allocation. Contractors must provide all requested information and records to the Contracting Officer for compliance verification and are required to report any known or reasonably knowable subcontractor violations to the government. Noncompliance may result in contract cancellation, termination, suspension, or contractor ineligibility for future government contracts, and compliance is deemed material to the government's payment decisions under 31 U.S.C. 3729(b)(4).
This clause is a template provision prescribed for insertion into federal contracts as of the deviation date referenced in the clause title. Contractors must include the substance of this clause in all subcontracts at any tier, including commercial product and service agreements, except those involving performance or delivery outside the United States. The clause applies to the USCG Station Fire Island Attic Vents solicitation (30199PR270000005), which involves removal and placement of attic ventilation fans with compensation based on prevailing wage rates for the specified place and period of performance.
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Other files
| File | Type | Posted |
|---|---|---|
| WAR Clauses.docx | DOCX document | |
| Station_Fire_Island_Exhaust_Fan_SOW.docx | DOCX document | |
| Wage Rates 15-4157.txt | TXT text file |
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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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