52.222-90 Addressing DEI Discrimination by Federal Contractors Deviation APR 2026 1.docx
DOCX document 18 KB Posted
- Solicitation number
- 36C25926Q0424
About this file
This file is a federal contract clause (FAR 52.222-90) addressing discriminatory diversity, equity, and inclusion (DEI) practices by federal contractors. 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, contracting, program participation, or resource allocation. Contractors must provide all information and reports required by the Contracting Officer to demonstrate compliance, and noncompliance may result in contract cancellation, termination, suspension, or declaration of ineligibility for future government contracts. Contractors are responsible for monitoring subcontractor conduct and reporting any known or reasonably knowable violations to the Contracting Officer, as well as notifying the Contracting Officer if a subcontractor files suit challenging the clause's validity.
This clause has been incorporated into Solicitation 36C25926Q0424, a Request for Quote for a Spill Prevention, Countermeasures and Control (SPCC) Plan Update for Rocky Mountain Regional VA Medical Center, issued by the Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 19. The solicitation is set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). The addition of this clause via Amendment 0001 extended the response deadline to May 5, 2026, at 12:00 MT. Contractors and all subcontractors at any tier must include the substance of this clause in their subcontracts, except where performance occurs outside the United States.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Questions and Answers update.docx | DOCX document | |
| 36C25926Q0424 0002.docx | DOCX document | |
| Questions and Answers for SPCC Plan Update.docx | DOCX document | |
| 36C25926Q0424 0001.docx | DOCX document | |
| PWS Spill Prevention Plan Update.docx | DOCX document | |
| 36C25926Q0424.docx | DOCX document | |
| Combine Synopsis SPCC Plan Update.docx | DOCX document | |
| Service Contract Act WD 2015 5419 Revision 31 December 03 2025.pdf | ||
| VAAR 852 219 75 as of 26 Mar 2024 Services.docx | DOCX document |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
?.## 52.222-90 Addressing DEI Discrimination by Federal Contractors
(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)
File details come from the government source that posted it. Updated .