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Executive Order 12979

Issued by William J. Clinton on Wednesday 25 October 1995

Agency Procurement Protests

Federal Register, Volume 60 Issue 208 (Friday, October 27, 1995)

[Federal Register Volume 60, Number 208 (Friday, October 27, 1995)]
[Presidential Documents]
[Pages 55171-55172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26944]

[[Page 55169]]


Part VII

The President


Executive Order 12979--Agency Procurement Protests

                        Presidential Documents 

Federal Register / Vol. 60, No. 208 / Friday, October 27, 1995 / 
Presidential Documents


Title 3--
The President

[[Page 55171]]

                Executive Order 12979 of October 25, 1995

Agency Procurement Protests

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to ensure effective and efficient 
                expenditure of public funds and fair and expeditious 
                resolution of protests to the award of Federal 
                procurement contracts, it is hereby ordered as follows:

                Section 1. Heads of executive departments and agencies 
                (``agencies'') engaged in the procurement of supplies 
                and services shall prescribe administrative procedures 
                for the resolution of protests to the award of their 
                procurement contracts as an alternative to protests in 
                fora outside the procuring agencies. Procedures 
                prescribed pursuant to this order shall:

                (a) emphasize that whenever conduct of a procurement is 
                contested, all parties should use their best efforts to 
                resolve the matter with agency contracting officers;

                (b) to the maximum extent practicable, provide for 
                inexpensive, informal, procedurally simple, and 
                expeditious resolution of protests, including, where 
                appropriate and as permitted by law, the use of 
                alternative dispute resolution techniques, third party 
                neutrals, and another agency's personnel;

                (c) allow actual or prospective bidders or offerors 
                whose direct economic interests would be affected by 
                the award or failure to award the contract to request a 
                review, at a level above the contracting officer, of 
                any decision by a contracting officer that is alleged 
                to have violated a statute or regulation and, thereby, 
                caused prejudice to the protester; and

                (d) except where immediate contract award or 
                performance is justified for urgent and compelling 
                reasons or is determined to be in the best interest of 
                the United States, prohibit award or performance of the 
                contract while a timely filed protest is pending before 
                the agency. To allow for the withholding of a contract 
                award or performance, the agency must have received 
                notice of the protest within either 10 calendar days 
                after the contract award or 5 calendar days after the 
                bidder or offeror who is protesting the contract award 
                was given the opportunity to be debriefed by the 
                agency, whichever date is later.

                Sec. 2. The Administrator for Federal Procurement 
                Policy shall: (a) work with the heads of executive 
                agencies to provide policy guidance and leadership 
                necessary to implement provisions of this order; and

                (b) review and evaluate agency experience and 
                performance under this order, and report on any 
                findings to the President within 2 years from the date 
                of this order.

[[Page 55172]]

                Sec. 3. The Administrator of General Services, the 
                Secretary of Defense, and the Administrator of the 
                National Aeronautics and Space Administration, in 
                coordination with the Office of Federal Procurement 
                Policy, shall amend the Federal Acquisition Regulation, 
                48 C.F.R. 1, within 180 days of the date of this order 
                to further the purposes of this order.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    October 25, 1995.

[FR Doc. 95-26944
Filed 10-26-95; 11:37 am]
Billing code 3195-01-P

Citation: 60 FR 55171

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