Implementation of Executive Order 14173 in DOT Contracts/Orders

The Department of Transportation (DOT) has issued a Special Notice regarding the implementation of Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," through Transportation Acquisition Regulation (TAR) Class Deviation 2025-02 Amendment 1. This deviation modifies the existing TAR clause 1252.232-70 for Electronic Submission of Payment Requests to incorporate new compliance requirements related to diversity, equity, and inclusion (DEI) initiatives. The class deviation applies to all DOT Operating Administrations except the Federal Aviation Administration and covers all contracts and orders exceeding the micro-purchase threshold. Effective immediately, the revised clause requires contractors to include specific compliance statements with their invoice submissions. The deviation will remain in effect until formal requirements are incorporated into the TAR or the Federal Acquisition Regulation, or until it is rescinded.

The primary objective of this Special Notice is to ensure contractor compliance with Executive Order 14173 by requiring certification that no unlawful DEI initiatives are being conducted under DOT contracts. All DOT contractors must now include a statement with each invoice submission confirming they do not operate DEI programs that violate federal anti-discrimination laws or constitutional equal protection principles, regardless of whether their contract specifically requires the invoicing clause. Contracting Officers will incorporate the revised clause into all new contracts and orders exceeding the micro-purchase threshold and will modify existing contracts at the earliest practicable opportunity. There are no specific eligibility restrictions mentioned, as the requirements apply to all DOT contractors submitting invoices for payment. Contractors are advised to review the updated requirements carefully to avoid delays in invoice approval and payment processing, and should contact their Contracting Officer with any questions regarding implementation.