Certification re anti-discrimination law.pdf

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PROCUREMENT OF A/C SPLIT UNIT SPARE PARTS Federal contract opportunity
Solicitation number
PR15131624
Issued by
Department of State

About this file

This document is an Acquisition Alert related to Executive Order 14173, which aims to end what it describes as "illegal discrimination" and restore "merit-based opportunity" in federal contracting. The executive order revokes previous diversity, equity, and inclusion (DEI) initiatives, including Executive Order 11246 on Equal Employment Opportunity, which historically mandated non-discrimination and affirmative action requirements for government contractors.

The alert requires all contractors to certify two key compliance points: (1) they are in full compliance with all applicable federal anti-discrimination laws, and (2) they do not operate any DEI programs that potentially violate federal anti-discrimination laws. Contractors must sign a certification form acknowledging these requirements, with the understanding that false claims could be subject to the False Claims Act. The document is dated February 2025 and carries significant implications for how federal contractors must approach workforce diversity and equal opportunity practices.

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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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