PROC-EXH-469 - Compliance With Federal Anti-Discrimination Laws.pdf

Fermilab Procurement Exhibit Document No.: PROC-EXH-469

Compliance With Federal Anti- Discrimination Laws

Version: 1.0 Release Date: 10/01/2026 Effective Date: 10/01/2026 Review Cycle: 2 years

COMPLIANCE WITH FEDERAL

ANTI-DISCRIMINATION LAWS

Document Owner: Latasha Bouldin Responsible Division: Finance and Procurement

The following individual(s) shall approve this document:

Name (Approve/Review) Role Signature/date Charles W. Baker Chief Procurement Officer

Revision history:

Version Version Description Date Version Author

1.0 First issue: Initial Release 29-

Sep-

Latasha Bouldin

PROC-EXH-903 Procurement Document Control Long Format Example Version 1.0 NOTE: Official documents are subject to change. Current versions should be obtained from the Finance and Procurement Division website or controlled document repository. Page 2/3

The following terms are incorporated into this Subcontract.

1. The Subcontractor must comply with FAR 52.222-90 and flow its provisions down at every tier of sub-subcontractors in accordance with section (c). For purposes of this Subcontract, references in FAR 52.222-90 to “Contractor “mean the “Subcontractor” and references to “Contracting Officer” mean the cognizant “FFDG Procurement Representative”.

FAR 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION 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 mean disparate treatment based on race or ethnicity in 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.

PROC-EXH-903 Procurement Document Control Long Format Example Version 1.0 NOTE: Official documents are subject to change. Current versions should be obtained from the Finance and Procurement Division website or controlled document repository. Page 3/3

(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 FAR 52.222-90 clause)

2. The Subcontractor must provide a signed representation and certification of compliance with FAR 52.222-90 in the Subcontractor Supplemental Certification form provided by FFDG Procurement representative.

3. The Subcontractor must promptly report to FFDG any non-compliance with FAR 52.222-

90, including with any lower tier subcontractors.