The United States Agency for International Development (USAID) final rule (noticed via 81 Federal Register 48715) makes numerous changes to the AIDAR, published as Chapter 7 of Title 48 within the Code of Federal Regulations. These rules supplement the Federal Acquisition Regulations (FAR), which govern the procurement processes for most executive agencies.
Two of these changes require all USAID solicitation and resulting contracts to include a nondiscrimination clause that specifically includes genetic information.
The first modification creates the new Nondiscrimination section (752.222-71), which is placed immediately following USAID’s Disability Policy (752.222-70). The full clause states:
FAR part 22 and the clauses prescribed in that part prohibit contractors performing in or recruiting from the U.S. from engaging in certain discriminatory practices.
USAID is committed to achieving and maintaining a diverse and representative workforce and a workplace free of discrimination. Based on law, Executive Order, and Agency policy, USAID prohibits discrimination in its own workplace on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, disability, age, veteran’s status, sexual orientation, genetic information, marital status, parental status, political affiliation, and any other conduct that does not adversely affect the performance of the employee. USAID does not tolerate any type of discrimination (in any form, including harassment) of any employee or applicant for employment on any of the above-described bases.
Contractors are required to comply with the nondiscrimination requirements of the FAR. In addition, the Agency strongly encourages all its contractors (at all tiers) to develop and enforce nondiscrimination policies consistent with USAID’s approach to workplace nondiscrimination as described in this clause, subject to applicable law.
The second update revises a section (722.810 Solicitation provisions and contract clauses) within USAID’s Equal Employment Opportunity specifications, requiring that a contracting officer must insert the new Nondiscrimination clause, above, into all solicitations and resulting contracts.
The final rule also addresses 1) other contractor requirements related to foreign taxes, approval and registration processes, and 2) child safeguarding standards.