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GSA Takes Steps to Remove DEI from Federal Contracts
The General Services Administration (GSA) is taking steps to remove diversity, equity, and inclusion (DEI) provisions from federal contracts. These changes follow the Trump administration’s executive order aimed at “Ending Illegal Discrimination and Restoring Merit Based Opportunity”.
Class Deviations
GSA is implementing these changes through new class deviations, which allow contracting officers to immediately amend and modify current solicitations and contracts without penalty. These modifications enable agencies to remove contract clauses that promote DEI or have DEI considerations as contract requirements. According to GSA Federal Acquisition Service Commissioner Josh Gruenbaum, these deviations are “the first steps in transforming the FAR into a sensible, common-sense guideline to ensure that the federal government is working with industry as an attractive partner for business”. In addition to rolling back DEI programs, the Trump administration has emphasized streamlining government operations.
Formal Rulemaking Process
Because class deviations are not permanent and can be easily reversed, a formal rulemaking process is likely to follow. Rulemaking processes begin with the publication of a draft rule, followed by a comment period of at least 60 days. After the comments are addressed, a final rule is issued. The White House’s Office of Federal Procurement Policy and Office of Management and Budget also play a role with internal reviews. Complex rule changes can take around two years to implement. To make long-lasting changes to acquisition rules, the administration may need support from Congress to pass new legislation.
Next Steps
GSA has not commented on how soon a rulemaking will begin but one is planned. A GSA spokesman said that a rulemaking is in the works and to track progress at the FAR Open Case Management Report.
Tags: federal contracts, GSA, diversity, equity, inclusion, DEI, class deviation, rulemaking, government contracting, FAR, Trump administration
