52.222-90 Addressing DEI Discrimination by Federal Contractors.docx
DOCX document 14 KB Posted
- Solicitation number
- 31125PR260000595
About this file
This file contains Federal Acquisition Regulation (FAR) Clause 52.222-90, which addresses discrimination in diversity, equity, and inclusion (DEI) activities by federal contractors. The clause prohibits contractors and subcontractors from engaging in racially discriminatory DEI practices, defined as disparate treatment based on race or ethnicity in recruitment, employment, contracting, program participation, or resource allocation. Contractors must provide all requested information and records to the Contracting Officer for compliance verification and are required to report any known or reasonably knowable subcontractor violations to the government while implementing appropriate remedial actions.
The clause establishes enforcement mechanisms including contract cancellation, termination, suspension, and contractor ineligibility for future federal contracts in cases of noncompliance. Contractors must flow down the clause requirements to all subcontractors at any tier, including those for commercial products and services, except where work is performed outside the United States. The clause is applicable to the Coast Guard's ground maintenance and landscaping services solicitation for Cape Cod housing (Solicitation 31125PR260000595), which covers a base year from June 1, 2026 through May 31, 2027, with four option years extending through May 31, 2031.
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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.
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