Att 2 FAR 52.222-90.docx
DOCX document 21 KB Posted
- Attached to
- OPIS Subscription Service
- Solicitation number
- SP4706-26-Q-0005
- Issued by
-
Defense Logistics Agency
About this file
This file is a Federal Acquisition Regulation (FAR) clause addressing discrimination by federal contractors in diversity, equity, and inclusion (DEI) activities. The clause prohibits contractors and subcontractors from engaging in racially discriminatory DEI practices, specifically disparate treatment based on race or ethnicity in recruitment, employment decisions (hiring and promotions), contracting activities, program participation, or resource allocation. Contractors must provide all requested information and records to the Contracting Officer to demonstrate compliance and must report any known or reasonably knowable subcontractor violations to the Contracting Officer.
Non-compliance with this clause carries significant consequences, including potential contract cancellation, termination, suspension, and contractor ineligibility for future Government contracts. The clause establishes that compliance is 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 providing commercial products and commercial services, except where performance or delivery occurs outside the United States. This clause applies to the Defense Logistics Agency's solicitation SP4706-26-Q-0005 for OPIS Subscription Services.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Att 1 Statement of Work for OPIS 2026.pdf | ||
| SF1449_SP470626Q0005.PDF |
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Text version
FAR 52.222-90 - Addressing DEI Discrimination by Federal Contractors (FEB 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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