0011 52.222-90 Addressing DEI Discrimination by Federal Contractors.docx
FAR Clause DOCX document 15 KB Posted
- Solicitation number
- 36C78625R50086
About this file
This file is a federal contract clause addressing Diversity, Equity, and Inclusion (DEI) discrimination compliance requirements for federal contractors. The clause, referenced as FAR 52.222-90, 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 (vendor agreements), program participation, or resource allocation and deployment. Contractors must provide all requested information, reports, and access to records for compliance verification by the Contracting Officer and are required to report any subcontractor conduct that may violate this clause while taking appropriate remedial action as directed.
Non-compliance with this clause may result in contract cancellation, termination, or suspension in whole or in part, and may render the contractor or subcontractor ineligible for future Government contracts. The clause is considered 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 for subcontracts where performance occurs outside the United States.
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 47
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
52.222-90 Addressing DEI Discrimination by Federal Contractors.
As prescribed in 22.2203, insert the following clause:
ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION DATE)
(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 .