“VERIFY BEFORE YOU CERTIFY” — 3-MINUTE BRIEF, PART 3 OF 4
Parts 1–2 covered the rules and the three certification layers. This brief: what to actually do about it.
Recap: Contractors now certify nondiscrimination through SAM.gov representations, the EO 14173 certification embedded in each contract, and FAR 52.222-90. Here’s what stays in force separately, and the practical steps that follow.
Still Standing: Section 503 and VEVRAA
Not every affirmative-action-style obligation was affected by EO 14173 or EO 14398. Certification requirements tied to disability and veteran status come from separate statutes, Section 503 of the Rehabilitation Act and VEVRAA, and remain in force. Covered contractors must still maintain written AAPs for these two categories.
What This Means in Practice
- Keep SAM.gov certifications current. Confirm your registration and any related certifications reflect current requirements. Don’t assume a certification made before 2025 is still accurate.
- Review DEI-labeled programs before you certify, not after. Before your next certification is signed, review every program, dashboard, or goal that touches race, sex, or ethnicity against current federal anti-discrimination law.
- Assume your records are reviewable. Because FAR 52.222-90 requires agencies be given access to books, records, and accounts, ensure your documentation would hold up to that review before an agency asks for it.
- Manage subcontractor flow-down and reporting. Confirm the clause has flowed down to subcontractors and that you have a process for identifying and reporting known violations.
- Don’t neglect Section 503 and VEVRAA. Section 503 and VEVRAA affirmative action obligations did not go away. Confirm your AAPs are current and separate from your EO 14173/14398 compliance review.
- Verify before you certify. An independent review of compensation, hiring, promotion, staffing, and program eligibility, conducted before you sign your next certification, is the most direct way to confirm the certification is accurate rather than aspirational.
Next: Part 4 — What Agencies Can Actually Ask For: Books, Records & Accounts
This brief reflects publicly available regulatory information as of August 2026 and is provided for informational purposes only. Executive Orders 14173 and 14398 remain subject to ongoing litigation and rulemaking, and requirements may change. This does not constitute legal advice. Contractors should consult qualified counsel regarding their specific certification obligations.
At HR Unlimited Inc., we help federal contractors and employers navigate complex compliance requirements while building stronger, more inclusive workplaces. If you’re ready to strengthen your compliance and equity efforts, contact us today to learn how we can support your EEO and non-discrimination goals.