S06 - FAR 52.222-90.pdf
FAR Clause PDF 106 KB Posted
- Attached to
- Z1DA--676-22-108 Connect Generator to EP B406
- Solicitation number
- 36C25226B0017
About this file
This is a federal contract clause addressing discrimination by federal contractors in diversity, equity, and inclusion (DEI) activities. The clause, designated as FAR 52.222-90, establishes requirements and restrictions applicable to all federal contracts and subcontracts performed within the United States.
The clause prohibits contractors and subcontractors from engaging in racially discriminatory DEI activities, defined as disparate treatment based on race or ethnicity in recruitment, employment decisions (hiring, promotions), contracting decisions (vendor agreements), program participation, or resource allocation. Contractors must furnish all information, reports, and access to records as required by the Contracting Officer to demonstrate compliance. Non-compliance may result in contract cancellation, termination, or suspension in whole or in part, and declaration of the contractor or subcontractor as ineligible for future government contracts. Contractors are required to report any known or reasonably knowable subcontractor conduct that may violate the clause and implement appropriate remedial actions directed by the Contracting Officer. Additionally, contractors must inform the Contracting Officer if a subcontractor initiates litigation challenging the clause's validity. The clause must be flowed down to all subcontracts at any tier, including those for commercial products and services, except where work is performed outside the United States. Compliance with this clause is 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.
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) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-
52#FAR_52_222_90
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_222_90 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_222_90
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