S06 - Amendment 0004 - 52.222-90 -APR 2026.pdf
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- Solicitation number
- 36C77626R0038
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FAR 52.222-90: Addressing DEI Discrimination by Federal Contractors
This is a federal contract clause document effective April 2026 that establishes compliance requirements for federal contractors regarding diversity, equity, and inclusion (DEI) activities. 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 decisions (hiring, promotions), contracting with vendors, program participation, or resource allocation.
Contractors must comply with information and reporting requirements as directed by the Contracting Officer, including providing access to books, records, and accounts for compliance verification. Noncompliance may result in contract cancellation, termination, suspension, or contractor ineligibility for future Government contracts. Contractors are required to report known or reasonably knowable subcontractor violations to the Contracting Officer and implement remedial actions as directed. Contractors must also notify the Contracting Officer if a subcontractor initiates litigation challenging the clause's validity. Compliance with this clause is material to Government payment decisions under 31 U.S.C. 3729(b)(4). The substance of this clause, including all provisions, must be flowed down to subcontractors at any tier, including commercial product and service subcontracts, 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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