[Weekly Compilation of Presidential Documents Volume 31, Number 43 (Monday, October 30, 1995)]
[Pages 1943-1944]
[Online from the Government Publishing Office, www.gpo.gov]

Executive Order 12979--Agency Procurement Protests

October 25, 1995

    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

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guidance and leadership necessary to implement provisions of this order; 
    (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.
    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.
                                            William J. Clinton
The White House,
October 25, 1995.

[Filed with the Office of the Federal Register, 11:37 a.m., October 26, 

Note: This Executive order was released by the Office of the Press 
Secretary on October 26, and it was published in the Federal Register on 
October 27.