Notice of Intent for the Department of Transportation (DOT) to Implement Executive Order 14398 – Addressing DEI Discrimination by Federal Contractors

Notice of Intent for the Department of Transportation (DOT) to Implement Executive Order 14398 – Addressing DEI Discrimination by Federal Contractors

THIS IS NOT A REQUEST FOR PROPOSAL

Consistent with Administration priorities and applicable law, the Department of Transportation (DOT) hereby provides notice of its intent to take immediate action to implement Executive Order (E.O.) 14398, Addressing DEI Discrimination by Federal Contractors (March 26, 2026).

E.O. 14398 establishes that Federal agencies shall not do business with contractors that engage in racially discriminatory diversity, equity, and inclusion (DEI) activities.

On April 20, 2026, the Federal Acquisition Regulatory (FAR) Council issued model deviation text to implement E.O. 14398, directing agencies to update their Revolutionary FAR Overhaul (RFO) class deviations for FAR Parts 9, 12, 22, and 52. In alignment with this direction, DOT issued FAR Class Deviation 2026-24 on April 24, 2026, implementing the required changes pending formal FAR rulemaking.

Effective immediately, Contracting Officers shall insert the required E.O. 14398 clause in all new solicitations and resulting contracts valued above the micro-purchase threshold, including those for commercial products and commercial services, where the place of delivery or performance is in the United States.

DOT is concurrently updating its existing contract portfolio to incorporate the requirements of E.O. 14398. Contracting Officers shall make every effort to bilaterally modify existing contracts no later than July 24, 2026.

DOT is implementing E.O. 14398 as a matter of policy and compliance. Contractors seeking to compete for, or continue performing, DOT contracts should ensure alignment with E.O. 14398 and associated requirements.