MV-2026-02
MEMORANDUM FOR GSA CONTRACTING ACTIVITIES
FROM AND DIGITALLY SIGNED BY: Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy
SUBJECT: Implementing Executive Order (E.O.) 14398, Addressing DEI Discrimination by Federal Contractors, for non FAR-based contract-like instruments.
Issued April 20, 2026
E.O. 14398 was issued on March 26, 2026, establishing that agencies should not do business with contractors that engage in any racially discriminatory diversity, equity, and inclusion (DEI) activities.
- Section 3 of the E.O. instructed executive agencies to ensure that contracts and contract-like instruments include a clause related to the E.O.
- For all non-FAR based-contracts such as procurements including leases of real property, concession contracts, and outleases, GSA contracting activities must follow the instructions in Section 4 of RFO-2025-Supplement 26-02.
- This AL does not apply to sales/disposal contracts for real or personal property.
Effective Date. This acquisition letter is effective immediately.
If you need clarification, you may email the GSA Acquisition Policy Division at GSARPolicy@gsa.gov.