52.222-90 Addressing DEI Discrimination by Federal Contractors.pdf
FAR Clause PDF 98 KB Posted
- Solicitation number
- 70Z03326Q0000011
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This is a Federal Acquisition Regulation (FAR) clause 52.222-90 addressing diversity, equity, and inclusion (DEI) discrimination by federal contractors.
The clause prohibits contractors and subcontractors from engaging in racially discriminatory DEI activities, defined as disparate treatment based on race or ethnicity in recruitment, employment (hiring, promotions), contracting (vendor agreements), program participation, or allocation of resources. Contractors must provide all information and reports required by the Contracting Officer to demonstrate compliance, including access to books, records, and accounts. Noncompliance 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. Contractors must report any subcontractor's known or reasonably knowable violations to the Contracting Officer and implement appropriate remedial actions as directed. Additionally, contractors must notify the Contracting Officer if a subcontractor initiates litigation challenging the validity of this clause. Compliance with these requirements is material to the Government's payment decisions under 31 U.S.C. 3729(b)(4). The clause must be flowed down to all subcontractors at any tier, including those for commercial products and services, except where performance or delivery occurs outside the United States.
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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 OƯicer, 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 OƯicer and take any appropriate remedial actions directed by the Contracting OƯicer; and
(5) The Contractor will inform the Contracting OƯicer 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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