Public Contract

Committee Meetings

Acquisition Reform & Emerging Issues

Executive Order 13950 Combating Race & Sex Stereotyping and Its Impacts & Issues for Federal Contractors

Monday, October 26 | Noon – 2pm

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Join us for a meeting on Executive Order 13950 and its impacts & issues for federal contractors. Co-hosted by the committees Acquisition Reform & Emerging Issues; Teaming & Subcontracting; Debarment & Suspension; Employment, Labor & Safety; and Membership and Diversity. We be discussing and soliciting feedback on the impacts and implications of EO 13950, with a focus on implementation, scope/ flowdown, and enforcement.


Basic Requirements of September 22 Executive Order (10 minutes) – Dismas Locaria (moderator)

  • Moderator to provide broad overview of the EO
  • Definitions and prohibited training topics (“divisive concepts”)
  • Any conflicts with existing EEO regulations/ law
  • Impacts on current existing training programs

Implementation Issues (30 minutes) – Frank Windham (moderator)

  • EO timing: No FAR Council rulemaking/notice and comment
  • Information gathering by OFCCP within 30 days of the EO
  • Future issuance of regulations is unclear
  • Immediate implementation of restriction against “promot[ing] divisive concepts”
  • Use of EO contract clause starting November 21
  • September 28 OMB guidance

Scope/ Flowdown issues (30 minutes) – Craig Smith (moderator)

  • Flowdown to all tiers of subcontractors and “vendors”
  • No limitations for commercial item contracts or minimum dollar thresholds
  • Application to grants and cooperative agreements
  • Financial cost of compliance

Enforcement (30 minutes) – Dominique Casimir (moderator)

  • OFCCP to establish hotline
  • Potential intervention of the United States in litigation
  • Contract termination and debarment as potential sanctions

Break-Out Discussion by Committee (20 minutes)

  • Acquisition Reform & Emerging Issues Committee
  • Debarment & Suspension Committee
  • Diversity Committee
  • Employment Safety & Labor Committee
  • Subcontracting, Teaming & Strategic Alliances Committee