52.222-90 Addressing DEI Discrimination by Federal Contractors.docx
FAR Clause DOCX document 14 KB Posted
- Solicitation number
- 36C25925Q0740
About this file
This is a Federal Acquisition Regulation (FAR) contract clause addressing diversity, equity, and inclusion (DEI) discrimination by federal contractors. The clause, identified as 52.222-90, prohibits contractors and subcontractors from engaging in racially discriminatory DEI activities, defined as disparate treatment based on race or ethnicity in recruitment, employment (including hiring and promotions), contracting, program participation, and resource allocation. Contractors must provide all requested information and reports to the Contracting Officer to demonstrate compliance, and failure to comply may result in contract cancellation, termination, suspension, or declaration of ineligibility for future Government contracts. Contractors are required to report any known or reasonably knowable subcontractor conduct that violates the clause and take appropriate remedial actions as directed by the Contracting Officer.
The clause mandates that contractors include its substance in all subcontracts at any tier, including those for commercial products and commercial services, except for subcontracts with performance or delivery locations outside the United States. Compliance with this clause is designated as material to the Government's payment decisions under 31 U.S.C. 3729(b)(4). This clause is incorporated into the VA Salt Lake City Medical Center's Fire Alarm and Fire Suppression Systems Monitoring, Inspection, Testing, Maintenance, and Repair Services solicitation (36C25925Q0740), a firm-fixed-price Request for Quote with a base year plus four option years, with quotes due by April 23, 2026.
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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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