Federal Contractors Face Three Layers of Nondiscrimination Certification
Executive Orders 14173 and 14398, plus the new FAR 52.222-90 clause, have replaced the old EO 11246 affirmative-action framework with a certification-based system — and tied those certifications to the government's payment decisions under the False Claims Act. This plain-English guide explains the three layers of promises a contractor may face (company-level representations, EO 14173 award certifications, and FAR 52.222-90 performance duties), what each one actually asks, and a practical checklist for reviewing your policies, programs, and subcontractor flowdowns before anyone signs.