On January 20, 2021, his first day in Office, President Biden issued an Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. The Executive Order states that it is the policy of the Biden Administration that the Federal Government should pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. It further states that affirmatively advancing equity, civil rights, racial justice, and equal opportunity is the responsibility of the whole of the Government.

Section 10 of the Executive Order revokes controversial Executive Order 13950, which, among other things, prohibited government contractors from providing certain types of  diversity and inclusion training to their employees. The new Executive Order directs the head of the agencies covered by Executive Order 13950 to review and identify proposed and existing agency actions related to or arising from Executive Order 13950. By March 21, 2020, the head of each agency is required to consider suspending, revising, or rescinding any actions related to or arising from Executive Order 13950, including all agency actions to terminate or restrict contracts or grants pursuant to Executive Order 13950. As previously discussed, implementation of Executive Order 13950 was enjoined nationwide on December 22, 2020.

Section 7 of the Executive Order states that government contracting and procurement opportunities should be available on an equal basis to all eligible providers of goods and services. Within one year of January 20, 2021, the head of each agency has to consult with the Assistant to the President for Domestic Policy (APDP) and the Director of the Office of Management and Budget to produce a plan for addressing any barriers to full and equal participation in federal programs as well as any barriers to full and equal participation in agency procurement and contracting opportunities.

This is one of first Biden Administration Executive Orders that impacts government contractors. We will continue to monitor and report on new Executive Orders that impact government contractors.