Added 4/9/2026
The General Services Administration (GSA) has proposed updates the System for Award Management (SAM.gov) registration requirements to align with Executive Order (EO) 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and DOJ Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination. This revision shifts the compliance landscape for all recipients of federal financial assistance, requiring a formal attestation that organizational practices prioritize merit and strictly adhere to federal antidiscrimination laws.
Key Certification Mandates under EO 14173
The new certifications require authorized representatives to attest that their organization complies with the U.S. Constitution and Federal laws prohibiting discrimination based on race or color. Under the guidance of EO 14173, these laws explicitly apply to initiatives labeled as Diversity, Equity, and Inclusion (DEI) or DEIA.
Organizations must now certify they are avoiding the following prohibited practices:
- Restoring Merit in Hiring and Promotion. Entities certify they will not grant preferential treatment based on race or color, specifically prohibiting race-based hiring, promotion practices, or the use of “diverse slate” policies.
- Eliminating Race-Based Criteria. The use of race or ethnicity as a criterion for access to facilities, resources, or program participation, including through “diversity statements” or “overcoming obstacles” narratives is now a certified violation.
- Prohibiting Stereotyping in Training. Organizations must certify that training programs do not stereotype, exclude, or single out individuals based on protected characteristics.
- Ending Program Segregation. Certifications now cover the prohibition of race-based training sessions or any form of implicit segregation through program eligibility.
- Protecting Merit-Based Advocacy. Entities must certify they will not retaliate against employees or participants who object to or refuse to participate in DEI practices they reasonably believe violate federal law.
By submitting these certifications, the authorized official attests to their accuracy under penalty of law. Misrepresentation may lead to criminal prosecution or civil liability under the False Claims Act.
Next Steps for Employers
To align with the “Merit-Based Opportunity” standards of EO 14173, employers should take the following actions:
- Audit Selection Procedures: Review hiring, promotion, and scholarship criteria to ensure they are based on individual merit rather than race-based quotas or “diverse slate” requirements.
- Review DEI Programs: Ensure that all employees, regardless of race or color, can participate in professional development, mentorship, and training programs to ensure they do not utilize stereotypes or create a hostile environment based on protected characteristics.
- Update Handbook Notices: Ensure employees are aware of their rights to engage in “protected activities,” such as raising concerns about discriminatory DEI policies, without fear of adverse action.
Verify Authorized Signatories: Ensure the individual responsible for the SAM.gov attestation is fully briefed on these new legal requirements and the organization’s current compliance status.