Life sciences companies should be aware of a new contract clause and accompanying guidance from the Federal Acquisition Regulatory Council (“FAR Council”) implementing President Trump’s Executive Order 14398, Addressing DEI Discrimination by Federal Contractors. Effective April 24, 2026, all new Federal solicitations and contracts subject to the Federal Acquisition Regulation (“FAR”) must contain a new FAR clause requiring certification that the contractor does not engage in “racially discriminatory DEI activities,” as defined by the clause, in connection with the performance of work under the contract. Under the guidance, agencies must also modify all existing FAR-covered contracts to include the requisite certification language by July 24, 2026, and contractors will be required to flow down the clause in their subcontracts.
Benjamin R. Saul
Associate Attorney, Washington, D.C.
+1 202.777.9420
Benjamin (“Ben”) Saul is an associate in the Washington, D.C. office of Gibson Dunn, where he is a member of the firm’s Litigation Department and Labor & Employment Practice Group. Prior to joining Gibson Dunn, he worked as an associate at a large international law firm representing employers in a wide range of complex labor and employment disputes.