March 9, 2026
Overview & FAQs of GSA’s Proposed Changes to the Required Certifications by Recipients of Federal Funds
In Overview & FAQs of GSA’s Proposed Changes to the Required Certifications by Recipients of Federal Funds, EducationCounsel summarizes a proposed action by the Trump Administration and answers some frequently asked questions about it. On 1/28/26, the General Services Administration (GSA) issued a notice and request for comments on a proposed revision to the “Financial Assistance General Certifications and Representations” in GSA’s System for Award Management (SAM or SAM.gov). Registering in SAM is required to apply to any federal agency for grants or loans or to bid on government contracts. According to the notice, the revisions are designed in part to “align with updated executive branch guidance including” President Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order (EO) and the U.S. Department of Justice’s more recent guidance on applying federal antidiscrimination law to efforts by any federal funding recipient to advance diversity, equity, and inclusion (DEI) or diversity, equity, and inclusion, and accessibility (DEIA). The list of certifications ends with a catch-all requirement, which appears in the existing version, that federal grantees (and not just contractors) must comply with all “applicable requirements” of not just federal laws and regulations but also “executive orders” and “public policies.”
If finalized, these changes could seek to contractually bind almost all federal grantees and contractors—across all agencies, including the U.S. Department of Education—to the Administration’s interpretations of what is lawful or unlawful regarding diversity, equity, and inclusion; immigration; terrorism/public safety; and free speech/religious liberty. Further, if the Administration later decides a funding recipient is out of compliance, it could pursue civil and criminal penalties in addition to potential loss of federal funds. Applying these types of conditions and penalties to just about every contract or grant provided by the federal government could have major implications on state, local, and organizational policies and practices.
Click here to access a PDF version of the Overview & FAQs.