The General Services Administration (GSA) published a notice in the Federal Register on June 25, 2026 inviting public comments on a new information collection designed to implement Executive Order 14398, which addresses DEI discrimination by federal contractors, specifically as applied to contract-like instruments.

The notice (Document No. 2026-12834) was issued in accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations. GSA is proposing to add a new information collection associated with FAR Clause 52.222-90 — the regulatory mechanism through which E.O. 14398 requirements flow to contract-like instruments.

Contract-like instruments include agreements such as blanket purchase agreements (BPAs), basic ordering agreements (BOAs), and other vehicles that function similarly to contracts but may fall outside standard Federal Acquisition Regulation contract definitions. The application of DEI-related certification requirements to these instruments represents a meaningful expansion of the E.O. 14398 compliance framework.

For GovCon practitioners, this notice signals an important compliance development. Contractors who use contract-like instruments as primary vehicles with federal agencies — including those operating under GSA schedules and other governmentwide acquisition contracts — should assess whether the proposed FAR Clause 52.222-90 certification requirements will apply to their existing agreement structures.

Public comments on the proposed information collection are due August 24, 2026. Comments may be submitted through the Federal Register notice.

Source: Federal Register — Document No. 2026-12834