Federal agencies have been incorporating FAR clause 52.222-90, Addressing DEI Discrimination by Federal Contractors, into new and existing contracts valued above $15,000. Under guidance from the White House Office of Management and Budget and the Federal Acquisition Regulatory Council, agencies must make every effort to incorporate the clause by July 24. Prime contractors in turn must ensure that the clause flows down to all subcontract tiers.
The most common way for contractors to incorporate the clause is by reference. For example: “In accordance with Executive Order (EO) 14398, the following FAR clause, FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026), is hereby incorporated into this contract.” Alternatively, a contractor could include the entire clause exactly as the FAR Council published it.
Federal contractors and subcontractors should alert their procurement and government affairs staff to monitor whether FAR 52.222-90 is being added to their contract awards, modifications, and renewals. They should be prepared to incorporate the same clause into covered subcontracts and purchase orders.
Prime contractors currently have no obligation to affirmatively collect certifications or other DEI-related information from subcontractors.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.