FAR 52.222-90, Addressing DEI Discrimination by Federal contractors APR 2026.docx
FAR Clause Apr 2026 DOCX document 16 KB Posted
- Solicitation number
- 36C25026B0035Amend0003
About this file
This file is a FAR clause (52.222-90) that has been added via amendment to solicitation 36C25026B0035Amend0003 for the Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 10. The clause addresses discrimination in diversity, equity, and inclusion (DEI) activities by federal contractors and prohibits racially discriminatory treatment in recruitment, employment, contracting, program participation, and resource allocation.
Under this clause, contractors must refrain from engaging in racially discriminatory DEI activities and must provide all requested information, reports, and access to records for compliance verification by the Contracting Officer. Noncompliance may result in contract cancellation, termination, suspension, or contractor ineligibility for future Government contracts. Contractors are required to report known or reasonably knowable subcontractor violations to the Contracting Officer and implement remedial actions as directed. The clause applies to subcontracts at all tiers, including those for commercial products and services, except where performance occurs outside the United States. Compliance with this clause is material to Government payment decisions under 31 U.S.C. 3729(b)(4).
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| File | Type | Posted |
|---|---|---|
| S06. 36C25026B0035 0003.pdf |
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?.## 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR 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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