Notice of Intent for the Department of Transportation (DOT) to Implement Executive Order 14398 – Addressing DEI Discrimination by Federal Contractors
Overview
Buyer
Place of Performance
NAICS
PSC
Set Aside
Original Source
Timeline
Qualification Details
Fit reasons
- NAICS alignment with historical contract wins in similar service areas.
- Scope strongly matches core technical capabilities and delivery model.
Risks
- Past performance thresholds may require one additional teaming partner.
- Potential clarification needed on staffing minimums before bid/no-bid.
Next steps
Validate eligibility requirements, assign capture owner, and schedule partner outreach to confirm teaming strategy before submission planning.
Quick Summary
The Department of Transportation (DOT) has issued a Special Notice regarding its intent to immediately implement Executive Order (E.O.) 14398, "Addressing DEI Discrimination by Federal Contractors." This is NOT a Request for Proposal. DOT has issued FAR Class Deviation 2026-24 to incorporate a new clause (52.222-90) into new solicitations and existing contracts, effective immediately.
Scope of Change
E.O. 14398 mandates that Federal agencies shall not conduct business with contractors engaged in racially discriminatory diversity, equity, and inclusion (DEI) activities. To comply, DOT's Class Deviation 2026-24, issued April 24, 2026, updates several FAR Parts:
- FAR Part 9 (Debarment, Suspension, and Ineligibility): Failure to comply with clause 52.222-90 is now a cause for debarment/suspension.
- FAR Part 12 (Acquisition of Commercial Products and Commercial Services): Incorporates the new clause.
- FAR Part 22 (Application of Labor Laws to Government Acquisitions): Adds a new subpart defining "program participation" and "racially discriminatory DEI activities," and introduces clause 52.222-90.
- FAR Part 52 (Solicitation Provisions and Contract Clauses): Formally incorporates the new clause 52.222-90, "Addressing DEI Discrimination by Federal Contractors."
Contract & Timeline
- Type: Special Notice (NOT a solicitation)
- Published: May 1, 2026
- Set-Aside: None specified
- Immediate Action: Contracting Officers (COs) must insert clause 52.222-90 into all new solicitations and resulting contracts valued above the micro-purchase threshold, including commercial products/services, where performance is in the U.S.
- Existing Contracts: COs are directed to bilaterally modify existing contracts (meeting the same criteria) to incorporate the clause by July 24, 2026. Open solicitations must also be amended.
- Subcontracts: The clause flows down to subcontracts at any tier under similar conditions.
Key Requirements for Contractors
Contractors seeking to compete for, or continue performing, DOT contracts must ensure alignment with E.O. 14398 and its associated requirements. Non-compliance with the new clause 52.222-90 can lead to debarment or suspension. This notice serves as a policy and compliance update, not a request for proposals.