[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Presidential Documents]
[Pages 48377-48378]
From the Federal Register Online via the Government Publishing 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
