DEI_FAR_Clause.docx
DOCX document 16 KB Posted
- Attached to
- USCG Base Boston Asphalt Repairs
- Solicitation number
- 31120PR260000165Asphalt
About this file
This file is a Federal Acquisition Regulation (FAR) clause addressing Diversity, Equity, and Inclusion (DEI) discrimination requirements for 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 decisions (hiring and promotions), contracting, program participation, and resource allocation. Contractors must provide all requested information, records, and access to books and accounts to the Contracting Officer for compliance verification purposes.
The clause establishes enforcement mechanisms including contract cancellation, termination, suspension, and contractor ineligibility for future government contracts in cases of noncompliance. Contractors are required to report known or reasonably knowable subcontractor violations to the Contracting Officer and implement any remedial actions directed by the government. Additionally, contractors must notify the Contracting Officer if a subcontractor initiates litigation challenging the clause's validity. The requirements must be flowed down to all subcontractors at any tier, including those providing commercial products and services, except for work performed outside the United States. Compliance with this clause is considered material to the government's payment decisions under 31 U.S.C. 3729(b)(4).
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| File | Type | Posted |
|---|---|---|
| Construction CLAUSES 2026.docx | DOCX document | |
| SOW Asphalt Patching Copy.docx | DOCX document |
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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.
(End of clause)
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