A few points about the anti-DEI executive order, mandating a FAR clause that prohibits DEI activities:

1. It applies only to “racially discriminatory” DEI, so sex-based programs—like WOSB preferences—appear unaffected;

2. The FAR Council is directed to remove provisions that “conflict or are inconsistent with the clause”—that could be an avenue to reconsider the applicability of SDB subcontracting goals;

3. Activities can include participation in “mentoring…; clubs; associations,” so that potentially brings in internal affinity groups and maybe membership in outside organizations;

4. Contractors would be required to “furnish all information and reports, including providing access to books, records, and accounts" to ascertain compliance—that’s dizzyingly broad;

5. It flows down to subcontractors and lower-tier subcontractors, and prime contractors are required to report on subcontractors;

6. Punishable by contract cancellation; suspension and debarment; and risk of False Claims Act suits, including qui tam actions; and

7. OMB, White House DPC, and EEOC would identify “economic sectors” that have used or might use racially discriminatory DEI. The traditional definition of “economic sector” is probably not what the EO meant (graphic from helpfulprofessor.com/qu…)