Government Contracts DoD Releases Race and Sex Stereotype Training Clause
Monday, January 4, 2021

DoD Releases Race and Sex Stereotype Training Clause

By Government Contracts Editorial Staff

Department of Defense Class Deviation 2021-O0001 implements Section 4 of Executive Order 13950, Combating Race and Sex Stereotyping. E.O. 13950 set forth a policy “not to promote race or sex stereotyping or scapegoating” in the federal workforce and the uniformed services, and to prevent grant funds from being used contrary to this policy. E.O. 13950 also provided that contractors “will not be permitted to inculcate such views in their employees.” Section 4 of E.O. 13950 prescribed a new contract clause that prohibits a contractor from using “any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts” that are specifically delineated in E.O. 13950 as “divisive.” Section 4 provides an exception for contracts exempted under E.O. 11246, and FAR 22.807 includes a list of these exemptions and instructions for requesting the exemptions.

Use with Equal Opportunity Clause. The class deviation adds DFARS 252.222-7999, Combating Race and Sex Stereotyping (DEVIATION 2021-O0001), which is to be used in solicitations and contracts where the contract contemplates use of the FAR 52.222-26 Equal Opportunity clause or its Alternate I and Section 4 does not exempt the contract. Contracting officers must include the clause in solicitations issued on or after November 20, 2020, and in any resultant contracts that will include FAR 52.222-26. The deviation also states that COs must “[a]mend solicitations issued prior to November 20, 2020, to include the clause provided in the Attachment and in any resultant contract award expected to occur on or after November 20, 2020, if the contract is contemplated to include the FAR 52.222-26 clause.” In addition to prohibiting training that uses eight listed concepts, the clause requires a contractor to provide a notice advising labor unions or workers’ representatives of the contractor’s commitments under the clause, and to post copies of the notice in conspicuous places available to employees and applicants for employment. The clause also outlines penalties for noncompliance. Finally, the clause requires the contractor to flow down the substance of the clause in all nonexempt subcontracts that exceed $10,000. The class deviation went into effect on November 20, 2020. For the text of the deviation, see ¶70,245.131.

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