52.222-90 Addressing DEI Discrimination by Federal Contractors.docx
DOCX document 15 KB Posted
- Attached to
- Y1DA--CON-NRM-668-25-105 Replace Grease Traps
- Solicitation number
- 36C26026R0084
About this file
This is a federal contract clause addressing Diversity, Equity, and Inclusion (DEI) discrimination compliance requirements for federal contractors. The clause, identified as FAR 52.222-90, establishes mandatory nondiscrimination provisions that contractors must follow when performing work under federal contracts. The clause prohibits discrimination based on protected characteristics and requires contractors to implement policies and procedures ensuring equal employment opportunity and fair treatment of employees and applicants. Contractors are obligated to comply with applicable federal civil rights laws and regulations, maintain records demonstrating compliance, and cooperate with federal agencies in investigating discrimination complaints or conducting compliance reviews.
The clause applies to all contractors performing work on behalf of the Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 20 in connection with solicitation 36C26026R0084 for replacing grease traps. Contractors must ensure their subcontractors also comply with these DEI nondiscrimination requirements. Failure to comply with the clause may result in contract suspension, termination, or debarment proceedings. This standard clause is incorporated into the contract by reference and represents a condition of contract award and performance.
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Text version
2.10 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026)
(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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