52.222-90 Addressing DEI Discrimination by Federal Contractors.pdf
FAR Clause PDF 95 KB Posted
- Attached to
- Parking Lot Paving Station Depoe Bay
- Solicitation number
- 70Z03326QSEAT00003
About this file
This is a federal contract clause (FAR 52.222-90) addressing discrimination in diversity, equity, and inclusion (DEI) activities 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 resource allocation and deployment. Contractors must provide all information and reports required by the Contracting Officer to demonstrate compliance and report any known or reasonably knowable subcontractor conduct that may violate the clause to the Contracting Officer.
Non-compliance with this clause carries significant consequences, including potential contract cancellation, termination, or suspension in whole or in part, and possible ineligibility for future Government contracts. Contractors must recognize that compliance is material to the Government's payment decisions under 31 U.S.C. 3729(b)(4). The clause must be included in all subcontracts at any tier, including those for commercial products and commercial services, except where the place of delivery or performance is outside the United States. Contractors must also inform the Contracting Officer if a subcontractor sues regarding the validity of this clause.
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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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