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Executive Order 12928

Issued by William J. Clinton on Friday 16 September 1994


Promoting Procurement With Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals, Historically Black Colleges and Universities, and Minority Institutions

Federal Register, Volume 59 Issue 181 (Tuesday, September 20, 1994)

[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-23453]


[[Page Unknown]]

[Federal Register: September 20, 1994]


_______________________________________________________________________

Part III





The President





_______________________________________________________________________



Executive Order 12928--Promoting Procurement With Small Businesses 
Owned and Controlled by Socially and Economically Disadvantaged 
Individuals, Historically Black Colleges and Universities, and Minority 
Institutions



Proclamation 6720--Citizenship Day and Constitution Week, 1994



Proclamation 6721--National Farm Safety and Health Week, 1994


                        Presidential Documents 


Federal Register
Vol. 59, No. 181
Tuesday, September 20, 1994

____________________________________________________________________

Title 3--
The President
                Executive Order 12928 of September 16, 1994

 

Promoting Procurement With Small Businesses Owned 
                and Controlled by Socially and Economically 
                Disadvantaged Individuals, Historically Black Colleges 
                and Universities, and Minority Institutions

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, in order to enforce rigorously the letter and 
                spirit of public laws that promote increased 
                participation in Federal procurement by Small 
                Businesses Owned and Controlled by Socially and 
                Economically Disadvantaged Individuals (SDBs) as 
                described in section 8 of the Small Business Act (15 
                U.S.C. 637), Historically Black Colleges and 
                Universities (HBCUs) as described in 34 C.F.R. 608.2, 
                and Minority Institutions (MIs) as referred to in 
                sections 1046(3) and 316(b)(1) of the Higher Education 
                Act of 1965, as amended (20 U.S.C. 1135d-5(3) and 
                1059c(b)(1), respectively), it is hereby ordered as 
                follows:

                Section 1. Policy Statement. It is the policy of the 
                United States Government that all department and agency 
                heads and all Federal employees involved in the 
                procurement of any and all goods and services shall 
                assist SDBs, HBCUs, and MIs, as applicable, to develop 
                viable, self-sustaining businesses capable of competing 
                on an equal basis in the mainstream of the American 
                economy. To that end, all Federal personnel shall 
                commit to the letter and spirit of all laws promoting 
                the participation of SDBs, HBCUs, and MIs in Federal 
                procurement. The laws promote:

                    (a) the award of contracts to SDBs, HBCUs, and MIs 
                through the Small Business Administration Section 8(a) 
                Program, the Department of Defense Small and 
                Disadvantaged Business Program, other agency programs, 
                and through other specific statutory authority or 
                appropriate means;
                    (b) the establishment of particular goals for SDBs, 
                HBCUs, or MIs on an agency-by-agency basis and the 
                requirement that prime contractors and other recipients 
                of Federal funds attain similar goals in their 
                procurement; and
                    (c) the establishment of other mechanisms that 
                ensure that SDBs, HBCUs, and MIs have a fair 
                opportunity to participate in Federal procurement.

                Sec. 2. Attainment of Goals. All departments and 
                agencies are required by law to establish participation 
                goals of not less than 5 percent (15 U.S.C. 644(g)) or 
                a greater percentage where otherwise required by law, 
                as further provided in the Office of Federal 
                Procurement Policy Letter No. 91-1 of March 11, 1991. 
                Although the Federal Government has made substantial 
                strides toward meeting established SDB, HBCU, and MI 
                participation goals, certain departments and agencies 
                have from time to time failed to aggressively pursue 
                such goals. Department and agency heads are henceforth 
                directed to execute, implement, and otherwise 
                aggressively strive to fulfill the statutorily-mandated 
                procurement participation goals. In addition, all 
                departments and agencies are encouraged to set 
                reasonable participation goals that exceed statutory 
                requirements, to the extent permitted by law.

                Sec. 3. Subcontracting Plans. The Small Business Act, 
                (15 U.S.C. 637(d)) and other related laws require 
                certain prime contractors to maximize the use of SDBs 
                in subcontracting plans and strive to achieve stated 
                goals through prime contractors' subcontracting 
                practices. Department and agency heads are directed to 
                aggressively enforce these prime contractors' 
                obligations to maximize awards of subcontracts to 
                eligible SDBs.

                Sec. 4. Office of Small and Disadvantaged Business 
                Utilization (``OSDBU'').

                    (a) Section 15(k) of the Small Business Act (15 
                U.S.C. 644(k)) establishes in each Federal department 
                and agency an OSDBU and requires that the Director of 
                the OSDBU ``be responsible only to, and report directly 
                to, the head of such agency or to the deputy of such 
                head'' (15 U.S.C. 644(k)(3)). To the extent not 
                prohibited by law, each department and agency shall 
                ensure that the aforementioned direct reporting 
                requirements are henceforth vigorously enforced.
                    (b) Because of the importance of the OSDBU 
                function, each department and agency shall also, to the 
                extent not prohibited by law, comply with the Office of 
                Federal Procurement Policy Letter No. 79-1 of March 7, 
                1979, which provides implementation guidance on section 
                15k and the organizational placement and functions of 
                the OSDBU.

                Sec. 5. Anti-fraud Enforcement. All department and 
                agency heads shall ensure that in enforcing the laws 
                and requirements mentioned in this order, Federal 
                benefits or contracts intended for SDBs, HBCUs, and MIs 
                are not awarded to entities that are not legitimate 
                SDBs, HBCUs, and MIs. Department and agency anti-fraud 
                enforcement, however, shall not diminish agency vigor 
                in achieving the aforementioned participation goals, 
                which exist to promote the development of legitimate 
                SDBs, HBCUs, and MIs. Nothing herein is intended to 
                change self-certification requirements.

                Sec. 6. Periodic Reports to the President. The 
                Administrator of the Small Business Administration and 
                the Administrator of the Office of Federal Procurement 
                Policy shall report to the President periodically on 
                the progress of all departments and agencies in 
                complying with the laws and requirements mentioned in 
                this order.

                Sec. 7. Independent Agencies. Independent agencies are 
                requested to comply with the provisions of this order.

                Sec. 8. This order shall be effective immediately.

                    (Presidential Sig.)>


                THE WHITE HOUSE,

                    September 16, 1994.

[FR Doc. 94-23453
Filed 9-19-94; 10:59 am]
Billing code 3195-01-P


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