Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,”
January 26, 2021
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DATE: January 26, 2021
SUBJECT: Executive Order 13950 “Combating Race and Sex Stereotyping” - Revoked
SUMMARY: Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” signed on January 20, 2021, revokes Executive Order 13950 of September 22, 2020 “Combating Race and Sex Stereotyping.”
Therefore, effective immediately, DOE’s implementing guidance for Executive Order 13950 issued through Policy Flashes 2021-11 and 2021-12 is rescinded.
Specifically, for DOE financial assistance, FAL 2021-02 is rescinded and the new Funding Opportunity Announcement (FOA) provision and award term (IMPLEMENTATION OF EXECUTIVE ORDER 13950, COMBATING RACE AND SEX STEREOTYPING) required by FAL 2021-02 which implemented Executive Order 13950 of September 22, 2020, Combating Race and Sex Stereotyping and OMB Memorandum M-20-37 of September 28, 2020, Ending Employee Trainings that Use Divisive Propaganda to Undermine the Principle of Fair and Equal Treatment for All shall not be used in FOAs or financial assistance awards. Current FOAs and awards shall be amended or modified to remove the provision or term IMPLEMENTATION OF EXECUTIVE ORDER 13950, COMBATING RACE AND SEX STEREOTYPING.
For DOE contracts, the Class Deviation provided in Policy Flash 2021-12 is rescinded and the required clause 52.222-XX COMBATING RACE AND SEX STEREOTYPING (DEVIATION)(NOV 2020) shall not be used in any solicitation or contract. Current solicitations or contracts shall be amended or modified to remove the provision or clause 52.222-XX COMBATING RACE AND SEX STEREOTYPING (DEVIATION)(NOV 2020).
Contracting Officers should share this guidance with their contractors, financial assistance applicants and recipients. Contracting Officers should instruct contractors and recipients to submit any questions to their cognizant Contracting Officer.
For DOE questions concerning this Policy Flash, please email DOE_oapmpolicy@hq.doe.gov.
For NNSA questions concerning this policy flash, please contact NNSA at (505) 845-4337.