Certificate of Complaince-Federal Anit-Discrimination Law.pdf

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PR15074190
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This is an Acquisition Alert (25-07) from February 2025 describing Executive Order 14173 "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" and its associated contractor certification requirements. The document establishes new compliance requirements for federal contractors and subcontractors.

The alert outlines that EO 14173 revokes previous executive orders related to diversity, equity and inclusion (DEI), affirmative action, and equal opportunity programs, including EO 11246 on Equal Employment Opportunity. All contractors must now certify that they do not operate any DEI programs that violate federal anti-discrimination laws and acknowledge that this certification is material for government payment decisions under the False Claims Act (31 U.S.C. 3729(b)(4)). The document includes a certification form requiring contractors to confirm compliance with federal anti-discrimination laws and affirm they do not operate DEI programs that violate these laws, to be signed by an authorized company representative.

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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 Discrimination 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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