52.222-90 Addressing DEI Discrimination by Federal Contractors.docx
FAR Clause DOCX document 15 KB Posted
- Solicitation number
- 36C26026R0044_0003
About this file
This file is a federal contract clause titled "52.222-90 Addressing DEI Discrimination by Federal Contractors," effective April 2026, which establishes mandatory compliance requirements for federal contractors regarding 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 and promotions), contracting with vendors, program participation, or resource allocation and deployment.
Contractors must agree to refrain from engaging in racially discriminatory DEI activities, provide all information and reports required by the Contracting Officer to demonstrate compliance, and report any known or reasonably identifiable subcontractor violations to the Contracting Officer while implementing corrective actions as directed. Noncompliance may result in contract cancellation, termination, suspension, or contractor debarment from future government contracts. Contractors must also notify the Contracting Officer if a subcontractor initiates litigation challenging the clause's validity. The clause is designated as material to the Government's payment decisions under 31 U.S.C. 3729(b)(4) and must be included in all subcontracts at any tier, including those for commercial products and services, except for subcontracts with performance or delivery locations outside the United States.
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| File | Type | Posted |
|---|---|---|
| 36C26026R0044 0003.docx | DOCX document | |
| 668-21-100 Pre-Bid Walk Through Sign-In.pdf |
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Text version
2.12 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION 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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