Skip to content

GSA Questionnaire

If your company leases space to the federal government or manages federally leased properties, BOMA needs your feedback on two important federal lessor issues.

Responses to the attached survey will help inform BOMA's comments to the General Services Administration (GSA) and the Office of Management and Budget (OMB) ahead of GSA's comment deadline. To ensure member input is included in our submission, please complete the survey by close of business (COB) on Monday, August 17.

Issue 1: On March 26, 2026, the president issued Executive Order (EO)14398 requiring that “federal contractors will not engage in any racially discriminatory DEI activities, as defined in section 2” of the order. The order treats entities who hold or manage federal government leases as a federal contractor for these purposes.

In response, the General Services Administration (GSA) issued a proposed certification and reporting requirement related to the Executive Order's provisions concerning diversity, equity, and inclusion (DEI) practices in the workplace. Because the proposal would require contractors to submit information to the federal government, GSA is seeking public comment under the Paperwork Reduction Act (PRA), which requires agencies to evaluate the necessity and burden of new information collection requirements.

Companies that lease property to the federal government may need to review existing policies, training programs, employment practices, and related documents before certifying compliance. The Executive Order also requires contractors to report certain information regarding their subcontractors, which may further increase the time and effort needed to comply.

GSA estimates that reviewing the requirements, gathering information, completing the certification, and submitting the required documentation would take approximately 1.167 hours per response. BOMA is seeking feedback on whether this estimate accurately reflects the total time your organization would spend assessing compliance and preparing a certification.

Issue 2: BOMA is seeking information regarding lease amendment language (see ‘Amendment language’ below) that some federal lessors have recently been asked to incorporate into existing leases, lease renewals, and future leases. The proposed amendments would add new requirements related to Executive Order 14398 and, in some cases, are viewed by lessors as unilateral modifications to existing lease obligations. The survey questions below are intended to help BOMA better understand who received them, the operational, legal, administrative, financing, and business impacts associated with reviewing, negotiating, and implementing these lease amendments.

Amendment language sent to owners/managers:
WHEREAS, the parties hereto desire to amend the above Lease to include the DEI Discrimination by Federal Contractors clause.

NOW, THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and Agree that the said Lease is amended, effective upon execution, as follows:
The following FAR clause is hereby incorporated into this Lease:

Issue 1 Questions
1.Your Name, BOMA Local, City, and State.(Required.)
2.How many of your buildings are currently leased by the Federal Government, and where is the building(s) located?(Required.)
3.Prior to the GSA Request For Comment or lease language sent to your company, did your company consider the impact of the federal government's position on DEI programs on your operations?(Required.)
4.Prior to the GSA Request for Comment or lease language sent to your company/firm, did your company seek legal counsel on the legality of your DEI programs in light of the federal policy on "racially discriminatory DEI activities?”(Required.)
5.Before your organization can certify compliance, which of the following activities would likely be required? (Select all that apply.)(Required.)
6.GSA estimates that reviewing the requirements, gathering information, completing the certification, and submitting the required documentation would take 1.167 hours per response. Do you think this is an accurate estimate of time needed for each review?(Required.)
7.GSA assumed an average of three subcontractors per prime contract when estimating the paperwork burden associated with compliance. Approximately how many subcontractors, vendors, or service providers are associated with a typical federal lease in your portfolio?(Required.)
8.Approximately what percentage of the total time required for your organization to certify compliance would be attributable to reviewing subcontractors, vendors, or service providers?
9.What additional costs (if any) do you anticipate incurring to evaluate and comply with the proposed certification requirements?(Required.)
10.Has GSA provided sufficient guidance for your organization to determine whether it complies with the proposed certification and that you have enough documentation to validate the certification.(Required.)
11.Please identify any areas that remain unclear.(Required.)
12.What changes could GSA make to reduce the burden on property owners and managers while still achieving its compliance objectives?(Required.)
Section 2: GSA Lease Amendment Requests
13.Has your organization received a request from GSA or another federal agency to incorporate Executive Order 14398-related language (including FAR Clause 52.222-90) into an existing lease, lease renewal, lease extension, or new lease?
14.When the amendment request was received, what supporting information was provided? (Select all that apply.)(Required.)
15.Which aspects of the amendment remain unclear to your organization? (Select all that apply.)(Required.)
16.What impact, if any, could the amendment have on your organization's federal leasing activities? (Select all that apply.)
17.Please provide any examples or additional comments that may help BOMA understand the impact of these amendments.