DEI CLAUSE FOR SOLICITATIONS.docx
DOCX document 15 KB Posted
- Attached to
- FUEL TANK INTEGRITY TESTING
- Solicitation number
- 31125PR260000720
About this file
This is a guidance document on federal contracting policy changes regarding Diversity, Equity, and Inclusion (DEI) requirements. Effective April 2026, a new FAR clause 52.222-90 "Addressing DEI Discrimination by Federal Contractors" prohibits federal contractors from operating, funding, or promoting DEI initiatives in ways that violate applicable federal anti-discrimination laws. This clause applies to all new solicitations and resulting contracts valued above the micro-purchase threshold, with non-compliance penalties including contract termination, suspension, debarment, and potential False Claims Act liability.
Simultaneously, multiple legacy equal employment opportunity clauses are being removed from new and existing solicitations under Department of Defense and General Services Administration class deviations, including FAR 52.222-21 through 52.222-29 covering segregated facilities, affirmative action compliance, equal opportunity, and visa notifications. FAR Subpart 22.8 (Equal Employment Opportunity) has been entirely removed and marked reserved, effectively halting enforcement of Executive Order 11246. Contracting officers are prohibited from reviewing DEI-related representations in the System for Award Management and from evaluating DEI factors in source selection criteria.
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Other files
| File | Type | Posted |
|---|---|---|
| SF1449-21 SOLICITATION.pdf | ||
| Tank Integrity Testing Statement of Work.doc | DOC document |
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A new FAR clause was introduced in April 2026 to ban specific DEI activities among federal contractors Contracting officers are required to insert this clause into new solicitations and contracts Clause Number: FAR 52.222-90 Title: Addressing DEI Discrimination by Federal Contractors (APR 2026) Description & Operational Impact: Prohibits contractors from operating, funding, or promoting DEI initiatives in a manner that violates applicable Federal anti-discrimination laws This clause applies to new solicitations and resulting contracts valued over the micro-purchase threshold Penalties for noncompliance can include contract termination, suspension, debarment, and potential False Claims Act liability.
Legacy Clauses Being Stripped from Solicitations Pursuant to Class Deviations issued by the Department of Defense (DoD) and the General Services Administration (GSA), contracting officers are explicitly instructed not to include several legacy clauses in new or open solicitations Additionally, FAR Subpart 22.8 (Equal Employment Opportunity) has been entirely removed and marked as "reserved," effectively halting the enforcement of Executive Order 11246 The following clauses are being actively removed from new solicitations, and existing contracts are being modified to strike them out
| Clause Number | Title | Status | ||
| FAR 52.222-21 | Prohibition of Segregated Facilities | Removed | ||
| FAR 52.222-22 | Previous Contracts and Compliance Reports | Removed | ||
| FAR 52.222-23 | Notice of Requirement for Affirmative Action | Removed |
To Ensure Equal Employment Opportunity for Construction FAR 52.222-24 Pre-award On-Site Equal Opportunity Removed Compliance Evaluation
| FAR 52.222-25 | Affirmative Action Compliance | Removed | ||
| FAR 52.222-26 | Equal Opportunity | Removed | ||
| FAR 52.222-27 | Affirmative Action Compliance Requirements | |||
| for Construction | Removed |
FAR 52.222-29 Notification of Visa Denial Removed
Furthermore, contracting officers are no longer permitted to review representations in the System for Award Management (SAM) that are based upon these older solicitation provisions, nor are they allowed to evaluate DEI-related factors in source selection criteria
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