On April 21, Christopher Griesedieck, Dismas Locaria, and Scott Sheffler published “What does the new executive order prohibiting certain DEI under procurement contracts mean for grant recipients?” in Westlaw Today. The following is an excerpt:
Federal grantees may have taken note that a new executive order (E.O.), "Addressing DEI Discrimination by Federal Contractors," has been issued, calling for a new clause in federal procurement contracts that will impose new restrictions on diversity, equity, and inclusion (DEI) activities.
Specifically, on March 26, citing authority under the Federal Property and Administrative Services Act (FPASA),1 the president called upon the Federal Acquisition Regulation (FAR) Council to implement a new clause for inclusion in federal contracts that would prohibit contractors from engaging in "racially discriminatory DEI activities." The clause is to be designed such that it is flowed down by prime contractors to subcontractors.
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