Att. 1 - 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS - APR 2026.pdf
FAR Clause Apr 2026 PDF 69 KB Posted
- Solicitation number
- 36C77626B0010
About this file
This document is a federal contract clause (FAR 52.222-90) that addresses diversity, equity, and inclusion (DEI) discrimination prohibitions for federal contractors.
The clause defines "racially discriminatory DEI activities" as disparate treatment based on race or ethnicity in recruitment, employment, contracting, program participation, or resource allocation. Contractors are prohibited from engaging in such activities and must comply with information and reporting requirements as directed by the Contracting Officer. The clause establishes enforcement mechanisms including contract cancellation, termination, suspension, and contractor ineligibility for future government contracts in cases of noncompliance. Contractors must report any subcontractor violations or lawsuits challenging the clause's validity to the Contracting Officer and implement remedial actions as directed. Compliance with this clause is designated as material to the Government's payment decisions under 31 U.S.C. 3729(b)(4). The substance of this clause, including all requirements, must be included in subcontracts at any tier for both commercial and non-commercial products and services, except where performance or delivery occurs outside the United States.
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?.## FAR 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL
CONTRACTORS (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)
?.## FAR 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR 2026)
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