Certification re anti-discrimination law.pdf

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PROCUREMENT OF GENUINE GENERATOR SPARE PARTS
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PR15335945
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This document is an Acquisition Alert related to Executive Order 14173, which revokes previous diversity, equity, and inclusion (DEI) programs and mandates a new certification process for federal contractors. The Executive Order eliminates previous affirmative action and equal opportunity requirements, specifically revoking Executive Order 11246 that previously mandated non-discrimination in employment by government contractors and subcontractors.

All contractors must now certify that they: 1) are in full compliance with all federal anti-discrimination laws, and 2) do not operate any DEI programs that could potentially violate federal anti-discrimination laws. The certification is considered material to government payment decisions and is subject to the False Claims Act. Contractors must complete a certification form acknowledging these requirements, with an authorized representative signing and dating the document to confirm compliance.

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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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