[Federal Register Volume 60, Number 208 (Friday, October 27, 1995)]
[Presidential Documents]
[Pages 55171-55172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 95-26944]
[[Page 55169]]
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Part VII
The President
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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