Agency Procurement Protests

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.

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.