Notice of intent to suspend enforcement of contractual DEI terms in existing agreements

*** THIS IS NOT A REQUEST FOR PROPOSAL ***

On January 22, 2025, GSA’s Acting Administrator Stephen Ehikian issued the attached memorandum to contractors regarding intent to suspend enforcement of contractual DEI terms in existing agreements. The full text of the memorandum is below.

Contractor Notice re Implementation of Executive Order

MEMORANDUM

To: All GSA Contractors

From: Stephen Ehikian, Acting Administrator

Date: January 22, 2025

Subject: Policy Statement Regarding Intent to Suspend Enforcement of Contractual DEI Terms in Existing Agreements

Consistent with President Trump’s priorities and agenda, Executive Order, Ending Radical and Wasteful Government DEI Programs and Preferencing (January 20, 2025); Executive Order, Initial Rescissions of Harmful Executive Orders and Actions (January 20, 2025); and Executive Order, Ending Illegal Discrimination And Restoring Merit-Based Opportunity (January 21, 2025), to the maximum extent permitted by law, the General Services Administration (GSA) intends to take immediate action to begin forbearing enforcement of all contract clauses, provisions, terms, and conditions, related to “diversity, equity, and inclusion” (DEI). These programs divided Americans by race, wasted taxpayer dollars, and resulted in discrimination. As set forth by President Trump, forbearing enforcement will provide immeasurable benefits to the American people.

This forbearance may include, but is not limited to, any clauses that mandate diversity-related obligations, any reporting or record keeping requirements specifically related to the same and to requirements imposed on contractors on a firm-wide basis, in each case not otherwise mandated by law.

We are aware of efforts by some in government and private industry to disguise these programs by using coded or imprecise language. If you are aware of a change in your contract since November 5, 2024, to obscure the connection between the contract and DEIA or similar ideologies, please report all facts and circumstances to GSAtruth@gsa.gov within 10 days. Our goal is to help alleviate you of these unnecessary, illegal, and divisive contractual provisions and regulatory overreach. As a reminder, compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code.

For the avoidance of doubt, this memorandum does not specifically direct you to take any immediate action under your contract. We anticipate issuing further guidance and direction shortly to address the forbearance reference above. In addition, GSA intends to move expeditiously to issue directives, guidance, and rulemaking regarding the enforcement of terms, conditions, and requirements related to these issues in government contracting. If in the interim you have any additional questions, please contact DEIquestions@gsa.gov.

We appreciate your continued cooperation and support as we align GSA’s contracting principles to President Trump’s pro-Growth and Made in America agenda.