S06 - Amendment 0003 - 52.222-90 -APR 2026.pdf
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- Solicitation number
- 36C77626R0039
About this file
This document is a federal contract clause (FAR 52.222-90) effective April 2026 that prohibits federal contractors from engaging in racially discriminatory diversity, equity, and inclusion (DEI) activities. The clause defines racially discriminatory DEI activities as disparate treatment based on race or ethnicity in recruitment, employment decisions (hiring, promotions), contracting arrangements with vendors, program participation, or resource allocation and deployment.
Contractors must comply with several requirements under this clause: refrain from racially discriminatory DEI practices; furnish all information, reports, and access to books and records upon request by the Contracting Officer to verify compliance; report known or reasonably knowable subcontractor violations to the Contracting Officer and implement any directed remedial actions; and notify the Contracting Officer if a subcontractor initiates litigation challenging the clause's validity. Noncompliance carries significant consequences, including contract cancellation, termination, suspension in whole or in part, and potential ineligibility for future Government contracts. Contractors must include this clause in all subcontracts at any tier, including commercial product and service agreements, except for subcontracts where delivery or performance occurs outside the United States. The clause is considered material to the Government's payment decisions under 31 U.S.C. 3729(b)(4).
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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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