FAR 52.222-90 - Addressing DEI Discrimination by Federal Contractors - APR 2026.docx
FAR Clause Apr 2026 DOCX document 27 KB Posted
- Solicitation number
- 36C77626R0048
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This is a Federal Acquisition Regulation (FAR) clause addressing diversity, equity, and inclusion (DEI) discrimination requirements for federal contractors, effective April 2026. The clause defines "racially discriminatory DEI activities" as disparate treatment based on race or ethnicity in recruitment, employment (hiring, promotions), contracting (vendor agreements), program participation, or resource allocation. Contractors are prohibited from engaging in such discriminatory practices and must provide all requested information, records, and access to books and accounts to the Contracting Officer for compliance verification. Noncompliance may result in contract cancellation, termination, suspension, or contractor ineligibility for future government contracts.
The clause requires contractors to report any known or reasonably knowable subcontractor violations to the Contracting Officer and implement appropriate remedial actions as directed. Contractors must also inform the Contracting Officer if a subcontractor initiates legal action challenging the clause's validity. Compliance with these requirements is material to the Government's payment decisions under 31 U.S.C. 3729(b)(4). The substance of this clause must be included in all subcontracts at any tier, including those for commercial products and services, except for subcontracts where work is performed 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)
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