FAR 52.222-90.pdf
PDF 111 KB Posted
- Attached to
- NASA Launch Services II (NLS II) 2026 On-Ramp
- Solicitation number
- RFP10-99-0021-Rev_T
About this file
This file is a federal contract clause (52.222-90) addressing DEI discrimination by federal contractors, effective April 2026.
The clause prohibits contractors and subcontractors from engaging in racially discriminatory diversity, equity, and inclusion (DEI) activities, defined as disparate treatment based on race or ethnicity in recruitment, employment, contracting, program participation, or resource allocation. Contractors must provide all information and reports requested by the Contracting Officer to demonstrate compliance and maintain access to books, records, and accounts for audit purposes. Noncompliance may result in contract cancellation, termination, suspension, or contractor ineligibility for future Government contracts. Contractors bear responsibility for monitoring subcontractor conduct and must report any known or reasonably knowable violations to the Contracting Officer, along with implementing directed remedial actions. Contractors must also notify the Contracting Officer if a subcontractor initiates litigation challenging the clause's validity. The clause emphasizes that compliance is material to Government payment decisions under 31 U.S.C. 3729(b)(4). Contractors must flow down this clause to all subcontractors at any tier, including those for commercial products and services, except where performance or delivery occurs outside the United States.
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Other files
| File | Type | Posted |
|---|---|---|
| 3. RFP10-99-0021 Rev T_Amendment 2.docx | DOCX document | |
| 2. Matrix of Changes_Amendment 2.pdf | ||
| LSP-PD-120.05_Rev_D-2025-02-03.pdf | ||
| 2026 On-Ramp Questions and Answers.pdf | ||
| 2. Matrix of Changes_Amendment 1.pdf | ||
| 3. RFP10-99-0021 Rev T_Amendment 1.docx | DOCX document | |
| 3. RFP10-99-0021 Rev T.pdf | ||
| 2. Matrix of Changes.pdf |
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Text version
52.222-90 Addressing DEI Discrimination by Federal Contractors.
Addressing DEI Discrimination by Federal Contractors (April 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)
File details come from the government source that posted it. Updated .