Certification re anti-discrimination law.pdf

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CMR & DCMR POLICE BOOTHS STRUCTRURAL DESIGN AND CMR PERIMETER WALL
Solicitation number
19BY7025Q0017
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About this file

This document is an Acquisition Alert regarding a new Executive Order 14173 on anti-discrimination requirements for federal contractors. The Executive Order revokes previous diversity, equity, and inclusion (DEI) initiatives and mandates that all contractors certify compliance with federal anti-discrimination laws. Specifically, contractors must affirm they do not operate any DEI programs that violate anti-discrimination laws, with the certification being material to government payment decisions and subject to the False Claims Act.

The document provides a certification form that contractors must complete, which includes two key attestations: (1) full compliance with federal anti-discrimination laws, and (2) confirmation that no DEI programs violate applicable federal anti-discrimination laws. While the document is part of a solicitation for structural design services at the U.S. Embassy in Bujumbura (Solicitation Number 19BY7025Q0017), the certification appears to be a broader requirement applicable to federal contract opportunities across different agencies and projects.

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Acquisition Alert 25-07 February 2025

Executive Order 14173 Ending Illegal Discrimination and Restoring Merit-Based Opportunity

Background The President’s Executive Order titled Ending Illegal Discrimination And Restoring Merit-Based Opportunity1 revokes EOs from previous administrations that promoted diversity, equity and inclusion (DEI), affirmative action, and equal opportunity programs. The EO also revokes EO 11246 (Equal Employment Opportunity), which mandated non-discrimination in employment by government contractors and subcontractors, imposed affirmative action requirements for most contractors, and was included in many government contracts and federal assistance agreements.

Acquisition Impact All contractors must certify that they do not operate any programs promoting DEI that violate any applicable anti-discrimination laws, and agree that such certification is material for purposes of the government’s payment decision and therefore subject to the False Claims Act. See 31 U.S.C. 3729(b)(4).

CERTIFICATION REGARDING COMPLIANCE WITH APPLICABLE FEDERAL

ANTI-DISCRIMINATION LAW

The Contractor or prospective offeror certifies that:

i. is in compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 31 USC 3729(b)(4) (False Claims Act);

ii. does not operate any programs promoting Diversity, Equity, and Inclusion that violate any applicable Federal anti-discrimination laws.

Contractor/Offeror Company’s Name: _________________________

Authorized Representative:

Name: _________________________________

Title: __________________________________

Signature: ______________________________

Date: _____________________________________

1 Ending Illegal Discrimina�on and Restoring Merit-Based Opportunity https://www.whitehouse.gov/presidential-actions/2025/01/ending-illegal-discrimination-and-restoring-merit-based-opportunity/

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