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ARTICLE · 27 APRIL 2026

FAR Council Implements Executive Order 14398 DEI-Related Contract Requirements

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On April 17, 2026, the Federal Acquisition Regulatory Council (FAR Council) issued implementing guidance and Revolutionary FAR Overhaul (RFO) updates that reflect the requirements of the March 26, 2026...

GuernseyGovernment, Public Sector
Angela B. Styles
Angela B. Styles
Susan Lent
Susan Lent
Marta A. Thompson
Marta A. Thompson
Robert G. Lian Jr.
Robert G. Lian Jr.
Sara McLean
Sara McLean
Colin M. Huntley
Colin M. Huntley
Caroline Wolverton
Caroline Wolverton
Laura Hill
Laura Hill
Samantha Jennifer Block
Samantha Jennifer Block
+1 more
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On April 17, 2026, the Federal Acquisition Regulatory Council (FAR Council) issued implementing guidance and Revolutionary FAR Overhaul (RFO) updates that reflect the requirements of the March 26, 2026 Executive Order 14398, Addressing DEI Discrimination by Federal Contractors, which directed agencies to implement new contract language prohibiting “racially discriminatory DEI activities”1 (the EO). The FAR Council issued model class deviations,2 which agencies may adopt to give the new provisions immediate contractual effect.

Key Takeaways for Federal Contractors

  • Agencies are expected to rely on a newly-created model deviation, RFO FAR 52.222-90, and agency class deviations (an agency‑wide authorization to depart from the FAR under FAR 1.404) to immediately implement the EO without waiting for formal rulemaking.

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