The Federal Acquisition Regulatory (FAR) Council seeks comments on a new information collection request (ICR) to implement President Trump’s Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors.” EO 14398 established a policy to prohibit “racially discriminatory Diversity, Equity, and Inclusion (DEI) practices” by federal contractors and subcontractors. EO 14398 defines “racially discriminatory DEI activities” as disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation (e.g., training and mentoring programs sponsored or established by a contractor or subcontractor), or allocation or deployment of an entity’s resources. Such activities are covered by EO 14398 and the contracting clause it mandates even if they do not violate federal anti-discrimination law. Federal contractors are also required to provide the contracting agency with records (e.g., books, records, and accounts) to assess compliance with this EO.
To implement EO 14398, this ICR contains forms for federal contractors to: (1) furnish all information and reports required by the contracting officer to ascertain compliance with federal antidiscrimination policy under EO 14398; (2) report to the contracting officer any “known or reasonably knowable” conduct by a subcontractor that is in violation of federal antidiscrimination policy under EO 14398, and take appropriate remedial actions as directed by the contracting officer; and (3) inform the contracting officer if a subcontractor sues the contractor when the suit puts at issue the policy established by EO 14398. Federal agencies will use the collected information to ensure compliance with EO 14398, which establishes remedies for contractors who engage in “racially discriminatory DEI practices.” Such remedies include canceling, terminating, or suspending contracts, debarring contractors and/or subcontractors, and bringing action under the False Claims Act against noncompliant contractors and subcontractors. Per the ICR, the FAR Council intends to issue a rulemaking to implement the policy established by EO 14398 in the Federal Acquisition Regulation and will provide an opportunity for public comment. Pending this forthcoming rule, the FAR Council’s related April 2026 model deviations adds new FAR clause 52.222-90, “Addressing DEI Discrimination by Federal Contractors,” for contracts above the micro-purchase threshold, including commercial products and services performed in the United States, and expressly authorizes suspension and debarment for noncompliance. The clause would also require contractors to flow the requirements down to subcontractors at all tiers.
Comments on the ICR are due by July 6, 2026 and should be submitted through the federal eRulemaking portal using Docket No. 2026-0067.