DEI_FAR_Clause.docx
DOCX document 16 KB Posted
- Attached to
- Waterline Break USCG ANT Saugerties
- Solicitation number
- SECNYHABSAUG01
- Issued by
- Not on record
About this file
This file contains FAR Clause 52.222-90, which addresses 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, contracting, program participation, or resource allocation. Contractors must provide all requested information and records to the Contracting Officer to demonstrate compliance and must report any known or reasonably knowable subcontractor violations. Noncompliance may result in contract cancellation, termination, suspension, or contractor ineligibility for future Government contracts. The clause applies to subcontracts at all tiers, including those for commercial products and services, except where performance occurs outside the United States.
This clause is included in the Waterline Break USCG ANT Saugerties solicitation (SECNYHABSAUG01), a Coast Guard repair project at Saugerties, New York. The solicitation requires all labor, equipment, and materials to repair a main waterline leak in accordance with the attached Statement of Work, with all wages and benefits subject to Service Contract Act requirements and Department of Labor wage rate determinations. The Government notes that contract award is contingent on appropriated funds becoming available and reserves the right to cancel without penalty if funding is not allocated. A non-mandatory site visit is scheduled for November 17, 2026, at 11:00 a.m., with contractors required to RSVP to the Contracting Officer's Representative, LT Claire Sullivan, at Claire.V.Sullivan@uscg.mil.
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Other files
| File | Type | Posted |
|---|---|---|
| 15-4155_Wage_Determination.txt | TXT text file | |
| PROJ SECNYHABSAUG03 - Waterline Repair.docx | DOCX document | |
| WAR Clauses.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)
File details come from the government source that posted it. Updated .