By Fred Satterwhite
BLOG OVERVIEW: Executive Order 14173’s revocation of EO 11246 continues to reshape the federal contracting landscape, with GSA removing three FAR provisions related to affirmative action representations and certifications from the SAM.gov registration process in December 2025. Additional changes are on the horizon, including a modernized FAR Reps & Certs release on March 24, 2026 and a proposed DEI certification requirement for federal financial assistance recipients open for public comment until March 30, 2026. Notably, affirmative action obligations under Section 503 of the Rehabilitation Act and VEVRAA for individuals with disabilities and protected veterans remain fully in effect.
Federal contractors and companies seeking to do business with the federal government continue to see changes to the Federal Acquisition Regulations (FAR) implemented in the System for Award Management’s (SAM) registration website, SAM.gov.
One set of changes took effect on December 8, 2025, when the General Services Administration (GSA) removed three FAR provisions from the registration process, including representations related to participation in previous contracts subject to the Equal Opportunity clause, filing of all required compliance reports, and development of written affirmative action programs for women and minorities as required by 41 CFR 60-1 and 60-2.
Entities registering for “All Awards” on SAM.gov since December 8, 2025, have seen a message stating the following:
Following Executive Order 14173, we no longer collect the representations at paragraph (d) of FAR 52.212-3.
The text of paragraph (d) is now struck through on the Representations and Certifications page, referred to as “Reps & Certs”.
These changes stem from Executive Order (EO) 14173, which revoked EO 11246 on January 21, 2025, removing the authority underlying the affirmative action requirements at 41 CFR 60-1 and 60-2. Since then, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has published a proposal to formally rescind those regulations, but the final rule has not yet been published. The FAR Council, made up of representatives from the Department of War, formerly the Department of Defense, the National Aeronautics and Space Administration, and GSA, submitted an interim final rule to the Office of Management and Budget’s Office of Information and Regulatory Affairs on April 15, 2025, that would remove the EO11246-related requirements from the FAR.
In addition to the changes described above, GSA has further changes planned for the near future. After the White House announced the Revolutionary FAR Overhaul on April 16, 2025—with the directive to the FAR Council to “rewrite the FAR in plain English, eliminate non-statutory and duplicative regulations, remove DEI and wokeness, and add buyer guides in place of burdensome and outdated requirements,” among other revisions—GSA recently announced that the modernized FAR Reps & Certs on SAM.gov will be released on March 24, 2026. It will be worth watching the timing of the publication of the FAR Council’s interim final rule to see if it is coordinated with the March 24 SAM.gov update.
GSA also has proposed changes to the Reps & Certs in SAM.gov for entities seeking or receiving federal financial assistance awards, such as grants or loans. The proposed changes would include a requirement for entities to certify that they do not operate any programs promoting diversity, equity, and inclusion (DEI) that violate any applicable Federal anti-discrimination laws, as directed in EO 14173. The proposal is open for public comment until March 30, 2026.
It is important to note that the requirements stemming from Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act, which require federal contractors to take affirmative action in the recruitment and advancement of individuals with disabilities and protected veterans in the workplace, respectively, still remain. While some changes may be coming regarding the disability regulations, the regulations regarding veterans appear to be remaining the same for the foreseeable future. Additionally, OFCCP is still actively investigating complaints stemming from violations of these regulations.
DCI will continue to monitor developments and provide updates regarding the implementation of EO 14173-related changes and their implications for employers.
