Notice2026-08940
Information Collection; Addressing DEI Discrimination by Federal Contractors
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 6, 2026
Issuing agencies
Management and Budget OfficeFederal Procurement Policy OfficeDefense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995 and OMB regulations, OFPP, DoD, GSA, and NASA invite the public to comment on a new information collection concerning the implementation of Executive Order 14398, Addressing DEI Discrimination by Federal Contractors. OFPP, DoD, GSA, and NASA invite comments on: whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology.
Full Text
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<title>Federal Register, Volume 91 Issue 87 (Wednesday, May 6, 2026)</title>
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[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Notices]
[Pages 24544-24545]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08940]
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OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-XXXX; Docket No. 2026-0067; Sequence No. 1]
Information Collection; Addressing DEI Discrimination by Federal
Contractors
AGENCY: Office of Federal Procurement Policy (OFPP), Office of
Management and Budget (OMB); Department of Defense (DOD); General
Services Administration (GSA); and National Aeronautics and Space
Administration (NASA).
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and OMB
regulations, OFPP, DoD, GSA, and NASA invite the public to comment on a
new information collection concerning the implementation of Executive
Order 14398, Addressing DEI Discrimination by Federal Contractors.
OFPP, DoD, GSA, and NASA invite comments on: whether the proposed
collection of information is necessary for the proper performance of
the functions of Federal Government acquisitions, including whether the
information will have practical utility; the accuracy of the
[[Page 24545]]
estimate of the burden of the proposed information collection; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the information
collection on respondents, including the use of automated collection
techniques or other forms of information technology.
DATES: OFPP, DoD, GSA, and NASA will consider all comments received by
July 6, 2026.
ADDRESSES: OFPP, DoD, GSA, and NASA invite interested persons to submit
comments on this collection through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
follow the instructions on the site. This website provides the ability
to type short comments directly into the comment field or attach a file
for lengthier comments. If there are difficulties submitting comments,
contact the GSA Regulatory Secretariat Division at 202-501-4755 or
<a href="/cdn-cgi/l/email-protection#a8effbe9facdcffbcdcbe8cfdbc986cfc7de"><span class="__cf_email__" data-cfemail="95d2c6d4c7f0f2c6f0f6d5f2e6f4bbf2fae3">[email protected]</span></a>.
Instructions: All items submitted must cite OMB Control No. 9000-
XXXX, Addressing DEI Discrimination by Federal Contractors. Comments
received generally will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check <a href="http://www.regulations.gov">www.regulations.gov</a>, approximately two-to-
three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#682e293a380704010b11280f1b09460f071e"><span class="__cf_email__" data-cfemail="b2f4f3e0e2dddedbd1cbf2d5c1d39cd5ddc4">[email protected]</span></a> or call 202-969-
4075.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-XXXX, Addressing DEI Discrimination by Federal Contractors.
B. Need and Uses
This justification supports clearance of a new information
collection to comply with Executive Order (E.O.) 14398, Addressing DEI
Discrimination by Federal Contractors, which prohibits contractors from
engaging in any racially discriminatory diversity, equity, and
inclusion (DEI) activities (91 FR 16147, March 31, 2026). Section 5 of
E.O. 14398 directs the Federal Acquisition Regulatory Council (FAR
Council) to issue a deviation from the Federal Acquisition Regulation
(FAR) regarding agency implementation of the contract clause described
in section 3 of the E.O. This clearance covers the information that
contractors must submit in response to the requirements of section 3 of
E.O. 14398 as implemented in the following FAR clause:
a. FAR 52.222-90, Addressing DEI Discrimination by Federal
Contractors. This clause requires contractors to:
i. Par (b)(2)--Furnish all information and reports, including
providing access to books, records, and accounts, as required by the
contracting officer, for purposes of ascertaining compliance with the
clause.
ii. Par (b)(4)--The contractor will report any subcontractor's
known or reasonably knowable conduct that may violate this clause to
the contracting officer and take any appropriate remedial actions
directed by the contracting officer.
iii. Par (b)(5)--The contractor will inform the contracting officer
if a subcontractor sues the contractor and the suit puts at issue, in
any way, the validity of the clause.
Federal agencies use the collected information to ensure compliance
with E.O. 14398, including section 4 of the E.O. which establishes
remedies for noncompliance with the E.O.
The FAR Council intends to issue rulemaking to provide the
opportunity for the public to comment on the policy to implement E.O.
14398 in the FAR including the impact analysis in accordance with E.O.
12866, Regulatory Planning and Review.
C. Annual Burden
Respondents: 1,365.
Total Annual Responses: 6,825.
Total Burden Hours: 7,965.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the GSA Regulatory Secretariat Division, by
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#581f0b190a3d3f0b3d3b183f2b39763f372e"><span class="__cf_email__" data-cfemail="377064766552506452547750445619505841">[email protected]</span></a>. Please cite OMB
Control No. 9000-XXXX, Addressing DEI Discrimination by Federal
Contractors.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2026-08940 Filed 5-5-26; 8:45 am]
BILLING CODE 6820-EP-P
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