Attachment 14 - 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS.docx
FAR Clause DOCX document 28 KB Posted
- Solicitation number
- 36C77626R0007
About this file
This file is a Federal Acquisition Regulation (FAR) clause addressing discrimination by federal contractors in diversity, equity, and inclusion (DEI) activities. The clause, FAR 52.222-90 (effective April 2026), 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 and records to the Contracting Officer for compliance verification and are required to report any known or reasonably knowable subcontractor violations. Failure to comply may result in contract cancellation, termination, suspension, or declaration of contractor ineligibility for future government contracts. Compliance with this clause is material to the Government's payment decisions under 31 U.S.C. 3729(b)(4).
The clause must be included in all subcontracts at any tier, including those for commercial products and services, except where performance occurs outside the United States. Contractors bear responsibility for ensuring subcontractor adherence and must take appropriate remedial actions directed by the Contracting Officer. Contractors must also notify the Contracting Officer if a subcontractor initiates legal action challenging the validity of this clause. This standard requirement applies to the EHRM Infrastructure Upgrades project (Solicitation Number 36C77626R0007) in Cheyenne, Wyoming, issued by the Department of Veterans Affairs Technology Acquisition Center Austin.
View the file
Other versions and copies of FAR 52.222-90
Show all 20
Who attaches FAR 52.222-90
Other files
Show all 26
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
?.## 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)
File details come from the government source that posted it. Updated .