Race and Sex Stereotyping Clause Now Being Added to DOD Contracts

Clause being added to all contracts entered into after November 21, 2020

E.O. 13950 – Combating Race and Sex Stereotyping requires all government contracting agencies to include a Clause in all contracts that exceed $10,000, except contracts exempted from E.O. 11246, after November 21, 2020.  To satisfy this requirement, the Department of Defense published a Memo and provided the Clause to be included in new contracts entered into after the November 21^st effective date.  The Memo also directs contracting officers to amend solicitations and add the Clause for contracts that are expected to be awarded on or after November 21, 2020.

Even though there is a possibility that the new administration may rescind E.O. 13950, contractors should expect to see the Clause in solicitations and contracts.  Contractors should also include the Clause in covered subcontracts, send it to each labor union, and post copies in conspicuous places available to employees and applicants for employment.

Previous blogs on E.O. 13950:

• November 18, 2020 – Two Separate Lawsuits Challenge Executive Order on Combatting Race and Sex Stereotyping
• October 21, 2020 – OFCCP Publishes Request for Information Relating to E.O. on Combating Race and Gender Stereotyping
• October 8, 2020 – OFCCP Releases FAQs for E.O. 13950 Combating Race and Gender Stereotyping
• September 25, 2020 – President Trump Signs E.O. on Combating Race and Sex Stereotyping and Scapegoating