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OMB Control No:	ICR Reference No: 202604-9000-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: FAR	Agency Tracking No:
Title: Addressing DEI Discrimination by Federal Contractors; FAR Section Affected: 52.222-90
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 04/17/2026
Date Submitted to OIRA: 04/16/2026

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	6,825	0
Time Burden (Hours)	7,965	0
Cost Burden (Dollars)	573,479	0

Abstract: This clearance covers the information that contractors must submit in response to the requirements of section 3 of E.O. 14398 as implemented in the following FAR clause: a. FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors. This clause requires contractors to: i. Par (b)(2) - Furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with the clause. ii. Par (b)(4) - The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer. iii. Par (b)(5) - The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of the clause.

Emergency Justfication: E.O. 14398 prohibits contractors from engaging in any racially discriminatory diversity, equity, and inclusion (DEI) activities. Section 5 of E.O. 14398 directs the FAR Council to issue a deviation regarding agency implementation of the contract clause provided in section 3 of the E.O. . The collection of information is needed prior to the expiration of time periods normally associated with a routine submission for review under the provisions of the PRA in accordance with the requirement in section 3 of the E.O., in which agencies must amend contracts to incorporate a clause within 30 days of the Order, and is essential to the mission of the agencies to ensure compliance with the E.O. (5 CFR 1320.13(a)(1)). b. Delaying collection to comply with normal clearance procedures is likely to result in public harm (5 CFR 1320.13(a)(2)). E.O. 14398 explains the public harm in section 1: Some entities continue to engage in DEI activities and often attempt to conceal their efforts to do so. DEI activities are not only unethical and often illegal, but also cause inefficiencies, waste, and abuse within entities that engage in such practices. Specifically, DEI activities impose artificial costs in hiring, promotion, and operations by precluding implementation of merit-based principles; creating excessive workforce turnover by elevating immutable characteristics over job performance; and jeopardizing the sort of employee collaboration and problem-solving that is essential to fostering efficient and high-quality work. DEI activities also create unnecessary costs by reducing the pool of available labor by artificially limiting companies to hiring or promoting certain individuals, suppliers, or intermediaries based on their race or ethnicity.

Authorizing Statute(s): EO: EO 14398 Name/Subject of EO: Addressing DEI Discrimination by Federal Contractors

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Addressing DEI Discrimination by Federal Contractors

ICR Summary of Burden

	Total Request	Change Due to Agency Discretion
Annual Number of Responses	6,825	6,825
Annual Time Burden (Hours)	7,965	7,965
Annual Cost Burden (Dollars)	573,479	573,479

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new information collection.

Annual Cost to Federal Government: $7,862,400

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Camara Francis 202 550-0935 camara.francis@gsa.gov

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