ATTACHMENT 2 - RFO CLAUSE 52.222-90.docx
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- Attached to
- Y1NA--CON | NRM 653-23-100 | Remove Replace Underground Fuel Tanks Federal contract opportunity
- Solicitation number
- 36C26026R0076
About this file
This file is a federal contract clause attachment addressing Diversity, Equity, and Inclusion (DEI) discrimination requirements for federal contractors. The clause, designated as FAR 52.222-90, applies to solicitation 36C26026R0076 for the Department of Veterans Affairs Veterans Health Administration, Veterans Integrated Service Network 20, and was amended on May 21, 2026.
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 requested information, reports, books, records, and accounts to the Contracting Officer for compliance verification. Noncompliance may result in contract cancellation, termination, suspension, or contractor ineligibility for future Government contracts. Contractors are required to report any known or reasonably knowable subcontractor violations to the Contracting Officer and implement remedial actions as directed. Additionally, contractors must notify the Contracting Officer if a subcontractor files a lawsuit challenging the clause's validity. The substance of this clause must be flowed down to all subcontractors at any tier, including those for commercial products and services, except where performance occurs outside the United States. Compliance with this clause is deemed material to Government payment decisions under 31 U.S.C. 3729(b)(4).
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Text version
36C26026R0076 AMENDMENT 1 – 21 MAY 2026
ATTACHMENT 2
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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