Summary At a Glance
- The General Services Administration (GSA) has opened a public comment period on a new information collection, directed at its non-FAR-based contracts, to demonstrate compliance with Executive Order 14398.
- While the information collection report is part of FAR clause 52.222-90, this notice specifies that coverage includes all non-FAR agreements such as the leasing of property to, or concession contracts with, the federal government.
- Under the clause, covered GSA contractors/subcontractors may be required to provide substantive information such as books and records as well as knowledge of a subcontractor’s conduct that may be in violation.
- Federal contractors and other organizations with GSA agreements should review the notice and determine whether to submit comments by August 24, 2026.
As background, Executive Order 14398 (Addressing DEI Discrimination by Federal Contractors) directed federal agencies to include new contract language addressing certain diversity, equity, and inclusion (DEI) activities in federal contracts and contract-like instruments. FAR clause 52.222-90 implements those requirements by requiring covered contractors to agree that they will not engage in certain “racially discriminatory DEI activities”.
Importantly, this notice clarifies that EO 14398 applies to “all non-FAR based-contracts”, such as organizations with certain GSA “contract-like instruments”. In practical terms, this may include organizations that lease space to the federal government, operate a business or service on federal property under a concession arrangement, or lease federally owned or GSA-controlled space from the government. Coverage under this definition could impact entities that have not traditionally been thought of as “federal contractors”.
The notification of the public comment period is a procedural step that GSA is required to take under the Paperwork Reduction Act before it can finalize the related information collection process.
GSA estimates that responding to the information collection associated with FAR clause 52.222-90 will take an average of 1.167 hours per response. This estimate includes the time needed to review instructions, search existing data sources, gather and maintain required information, and complete and review the response.
Additional Information
For additional background on the underlying Executive Order, please see our prior post by clicking here. For more information on the DEI discrimination clause to be added to federal contracts, please see our prior post by clicking here.
Recommended Next Steps for Employers
Impacted organizations should review the Federal Register notice and determine whether to submit comments before the August 24, 2026, deadline. Comments may be submitted through the Federal Register notice’s public comment link.
Organizations that choose to comment may wish to focus on whether the proposed information collection is necessary, practical, clearly defined, and whether the estimated 1.167 hours per response accurately reflects the time and resources needed to respond. Comments may also address concerns related to burden, clarity, scope, or implementation.
Commenters should coordinate with appropriate internal and external stakeholders, such as legal counsel, HR, compliance, procurement, real estate, facilities, and government contracting teams. Additionally, continue to monitor for future updates after the comment period closes, including any revised information collection materials, additional Federal Register notices, or OMB action.
How HR Works Can Help
For employers seeking additional support, HR Works provides workforce analytics including disparate impact analyses, bias testing, DEI risk assessments, pay equity analysis, recruiting process reviews, and more. Contact us to learn more about our services.
