52.222-90 Addressing DEI Discrimination by Federal Contractors.pdf
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- Solicitation number
- 31010PR260000113
About this file
This document is a Federal Acquisition Regulation (FAR) clause addressing discrimination in diversity, equity, and inclusion (DEI) activities by federal contractors.
The clause prohibits contractors from engaging in racially discriminatory DEI activities, defined as disparate treatment based on race or ethnicity in recruitment, employment, contracting, program participation, or resource allocation. Contractors must provide all required information and reports to the Contracting Officer to demonstrate compliance. Noncompliance may result in contract cancellation, termination, suspension, or contractor ineligibility for future government contracts. Contractors are required to report any subcontractor violations to the Contracting Officer and take appropriate remedial actions. Additionally, contractors must notify the Contracting Officer if a subcontractor initiates litigation challenging the clause's validity. Compliance is deemed material to the Government's payment decisions under 31 U.S.C. 3729(b)(4). The clause must be included in all subcontracts at any tier, including those for commercial products and services, except where performance or delivery occurs outside the United States.
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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 OƯicer, 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 OƯicer and take any appropriate remedial actions directed by the Contracting OƯicer; and
(5) The Contractor will inform the Contracting OƯicer 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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