The General Services Administration issued Mass Modification A917, referred to as Refresh 32, to the Multiple Award Schedule Solicitation 47QSMD20R0001 in early June 2026, adding new contract requirements stemming from recent executive orders and implementing regulations addressing diversity, equity, and inclusion programs in federal contracting, according to GSA MAS program communications and FAR provisions. The most significant new requirement is the incorporation of FAR 52.222-90, which requires MAS contract holders to certify that they do not operate diversity, equity, and inclusion programs that discriminate in violation of applicable federal law — a provision flowing from executive orders issued earlier in 2026 directing federal agencies to address DEI programs that may conflict with anti-discrimination statutes. MAS contractors have a compliance deadline to acknowledge the modification and attest to compliance.
The Multiple Award Schedule program is one of GSA's largest and most widely used contract vehicles, providing federal agencies with streamlined access to millions of commercial products and services through pre-negotiated contracts held by thousands of vendors. MAS contracts are held by companies ranging from small businesses to the largest defense and IT contractors in the country, across product and service categories spanning IT hardware and software, professional services, office supplies, furniture, and much more. The Refresh 32 modification affects all active MAS contract holders across all schedules, making it one of the broadest changes to MAS contract terms in recent memory.
FAR 52.222-90: Certifying DEI Program Compliance
FAR 52.222-90 requires contractors to make representations regarding their diversity, equity, and inclusion programs as a condition of federal contracting. The clause flows from executive orders issued in the first months of the current administration, which directed federal agencies to identify and address DEI programs that the administration views as inconsistent with federal anti-discrimination law — specifically the view that certain affirmative action-style programs may constitute illegal discrimination based on protected characteristics. The FAR Council implemented the executive order guidance through this clause, which agencies are directed to include in solicitations and contracts.
The clause requires contractors to certify that they do not and will not, during the period of any resulting contract, operate or maintain any programs, policies, or practices that are inconsistent with applicable federal anti-discrimination law as it relates to their DEI activities. The specific scope of what programs are covered by this certification and what activities cross the line from permissible to impermissible has been a subject of significant legal debate. Federal civil rights law, including Title VII, prohibits employment discrimination based on race, color, religion, sex, and national origin — but the precise boundary between prohibited discrimination and permissible diversity initiatives has never been definitively fixed by statute, and the executive orders and implementing regulations have generated considerable legal controversy about where that boundary now sits under the current administration's interpretation.
For large contractors with existing DEI programs — particularly those with affirmative action plans required under Executive Order 11246 for firms with federal contracts above $50,000 — the new requirement creates compliance complexity. Executive Order 11246, while now rescinded by the current administration's executive orders, historically required affirmative action plans including quantitative workforce analysis and goals. The new framework creates potential tension between prior contractual and regulatory requirements and the new certification requirements, and contractors must carefully assess their existing programs in light of the current regulatory guidance and applicable case law.
MAS Contractor Compliance Process
GSA's process for implementing Refresh 32 requires MAS contractors to acknowledge the mass modification through the MAS contract administration portal within a specified timeframe. Failure to acknowledge the modification within the required period can result in a contractor's MAS contract being placed in a non-compliant status, which can affect the contractor's ability to receive new task orders under the vehicle. Given the commercial significance of MAS contracts for many vendors — particularly those who rely on MAS as their primary channel for federal sales — the compliance deadline carries real commercial stakes.
Beyond the acknowledgment requirement, contractors must actually make the substantive certification required by FAR 52.222-90. This requires a legal and compliance review of the contractor's existing DEI-related programs, policies, hiring practices, training requirements, and vendor management requirements to determine whether any aspects could be characterized as discriminatory under the current regulatory framework. This review is not a simple checklist exercise for organizations with substantial DEI programs, and legal counsel familiar with both federal employment law and federal procurement law is essential to conducting a defensible analysis.
Contractors who make a false certification — either because they did not actually review their programs or because they knowingly certify compliance with programs that are in fact non-compliant — face potential liability under the False Claims Act, which provides for treble damages and penalties for false certifications in federal contracting. The FCA risk creates a strong incentive for contractors to invest in genuine compliance review rather than treating the certification as a formality. However, given the legal uncertainty about exactly what programs are covered, there is also significant room for defensible good-faith differences in judgment among contractors who conduct earnest compliance assessments.
What It Means for Contractors
MAS contractors of all sizes face immediate compliance obligations from Refresh 32. The most urgent task is acknowledging the modification within GSA's required timeframe to preserve the contract's active status. Beyond that procedural step, every MAS contractor should conduct a review of its DEI-related programs and policies to assess compliance with FAR 52.222-90's requirements, informed by the regulatory guidance published to date and any subsequent legal developments that clarify the scope of the certification requirement.
For contractors with sophisticated DEI programs, the compliance review should involve employment law counsel familiar with both Title VII and the executive orders implementing the current administration's DEI policy. The analysis should cover affirmative action plans, workforce diversity goals, supplier diversity requirements, employee resource groups, diversity-focused recruiting practices, and training programs — any of which may be implicated depending on how the certification requirement is interpreted in practice. Documenting the compliance review and its conclusions creates a record supporting the contractor's good-faith basis for its certification.
Contractors should also monitor ongoing legal challenges to the executive orders and implementing regulations, as court decisions may affect the enforceability or scope of the requirements. Several legal challenges were pending at the time of Refresh 32's issuance, and contractors operating under legal uncertainty should be prepared to adjust their compliance posture as the legal landscape evolves. Staying current with GSA and FAR Council guidance, as well as monitoring relevant court decisions, is essential for any firm with significant MAS contract revenue navigating this rapidly changing regulatory environment.
