Notice of intent to rescind contractual terms and clauses inconsistent with EO 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government in existing agreements
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The Department of Homeland Security has issued a notice in line with Executive Order 14168 and related OPM guidance from the Trump administration, which directs federal agencies to rescind or forbear enforcement of contract clauses that pertain to "gender ideology" and are inconsistent with the new policy emphasizing "biological truth." Effective January 20, 2025, this action aims to remove obligations, reporting, and record-keeping requirements from contracts if they are related to gender identity in a way that conflicts with the Executive Order, unless such requirements are otherwise mandated by law. This notice specifically targets clauses such as those in the Federal Acquisition Regulation (FAR) concerning nondiscrimination on the basis of gender identity, including but not limited to FAR 52.222-21, 52.222-26, and 52.222-27. The measures could affect ongoing and future contracts with the DHS by rescinding requirements that do not comply with the new federal stance. The announcement does not request proposals but informs contractors of the planned policy shift and potential changes to their contractual obligations. The place of performance is Washington, District of Columbia, and the notice is officially posted on the government contract opportunity website.
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Washington, DC, USASet-Aside
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*** THIS IS NOT A REQUEST FOR PROPOSALS ***
Consistent with President Trump’s priorities and agenda, Executive Order (EO) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (January 20, 2025), and OPM Memorandum, Initial Guidance Regarding President Trump’s Executive Order Defending Women (January 29, 2025), to the maximum extent permitted by law, the Department of Homeland Security (DHS) has taken immediate action to begin forbearing enforcement and recension of all contract clauses, provisions, terms, and conditions, related to “gender ideology” if inconsistent with the EO and implementing guidance.
This may include, but is not limited to, any clauses that mandate gender-related obligations inconsistent with the EO, any reporting or record keeping requirements specifically related to the same and to requirements imposed on contractors on a firm-wide basis, in each case not otherwise mandated by law. This includes, but is not limited to the definition of gender identity if inconsistent with the EO, i.e. FAR clauses 52.222-21, 52.222-26, 52.222-27, etc.
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