Amend 2 - ATT 2 - 52.222-90.pdf
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- Solicitation number
- 36C77626B0016
About this file
This document is a Federal Acquisition Regulation (FAR) clause addressing discrimination by federal contractors, effective April 2026.
The clause prohibits contractors and subcontractors from engaging in racially discriminatory diversity, equity, and inclusion (DEI) activities, defined as disparate treatment based on race or ethnicity in recruitment, employment decisions (hiring, promotions), contracting arrangements with vendors, program participation, or resource allocation. Contractors must provide all information and reports required by the Contracting Officer to demonstrate compliance, including access to books, records, and accounts. Noncompliance may result in contract cancellation, termination, or suspension in whole or in part, and the contractor or subcontractor may be declared ineligible for future Government contracts. Contractors must report any subcontractor conduct that may violate the clause and implement remedial actions directed by the Contracting Officer. Additionally, contractors must inform the Contracting Officer if a subcontractor initiates litigation challenging the clause's validity. The clause specifies that compliance is material to the Government's payment decisions under 31 U.S.C. 3729(b)(4). Contractors must flow down the substance of this clause to all subcontractors at any tier, including those for commercial products and services, except where performance or delivery occurs outside the United States.
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Text version
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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