FAR 52-222.90.pdf
PDF 197 KB Posted
- Solicitation number
- 36C24526R0030
About this file
This document is a federal contract clause regarding diversity, equity, and inclusion (DEI) discrimination compliance requirements for federal contractors.
The clause, 52.222-90 (effective April 2026), 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 requested information and reports to the Contracting Officer to demonstrate compliance and must report any known or reasonably knowable subcontractor violations. Noncompliance may result in contract cancellation, termination, suspension, or debarment from future Government contracts. The clause requires contractors to include these same requirements in subcontracts at any tier, except where performance or delivery occurs outside the United States. Compliance with this clause is material to the Government's payment decisions under 31 U.S.C. 3729(b)(4). Contractors must also notify the Contracting Officer if a subcontractor initiates litigation challenging the validity of this clause.
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52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026)
As prescribed in 22.2203, insert the following clause:
(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)
Draft 36C24524C0055 P00003 52.222-90
File details come from the government source that posted it. Updated .