By the authority vested in me as President, by the Structure and legal guidelines of the USA of America, it’s hereby ordered:
Part 1. Objective. A significant objective of my Administration is to eradicate pointless and imprudent expenditures of taxpayer {dollars}. Earlier administrations evaded statutory preferences and abused the Federal contracting framework by procuring {custom} services and products the place an appropriate or superior industrial resolution would have fulfilled the Authorities’s wants. Doing so concurrently stifled the combination of commercially accessible improvements in Authorities procurement whereas growing Authorities spending, leading to avoidable waste and expensive delays to the detriment of American taxpayers. My Administration will implement present legal guidelines directing the Federal Authorities to make the most of, to the utmost extent practicable, the aggressive market and the improvements of personal enterprise to supply higher, more cost effective companies to taxpayers.
Sec. 2. Coverage. It’s the coverage of my Administration that companies shall procure commercially accessible services and products, together with these that may be modified to fill companies’ wants, to the utmost extent practicable, together with pursuant to the Federal Acquisition Streamlining Act of 1994 (Public Regulation 103-355, as amended) (FASA).
Sec. 3. Definitions. For functions of this order:
(a) “Company” means an govt division, a army division, or any impartial institution inside the which means of 5 U.S.C. 101, 102, and 104(1), respectively, and any wholly owned Authorities company inside the which means of 31 U.S.C. 9101(c).
(b) “Approval authority” means the senior procurement govt, designated pursuant to 41 U.S.C. 1702(c), who’s answerable for administration path of the acquisition system of an company, together with implementation of the distinctive acquisition insurance policies, rules, and requirements of the company.
(c) “Contracting officer” has the which means given in 48 C.F.R. 2.101.
Sec. 4. Evaluate of Pending Actions. (a) Inside 60 days of the date of this order, every company’s approval authority shall direct the company’s contracting officers to conduct a evaluate of all open company solicitations, pre-solicitation notices, solicitation notices, award notices, and sole supply notices for non-commercial services or products, akin to extremely specialised, Authorities-unique methods, custom-developed services or products, or analysis and growth necessities the place the company has not recognized a passable industrial possibility. Every contracting officer shall consolidate every such company solicitation, pre-solicitation discover, solicitation discover, award discover, and sole supply discover right into a proposed software requesting approval for the acquisition of the non‑industrial services or products, which shall be submitted to the company’s approval authority. The proposed functions shall comprise the market analysis and worth evaluation used to find out the provision of business services and products to satisfy the Authorities’s wants and to justify the procurement of a non-commercial services or products, as required by 41 U.S.C. 3307(d) and 10 U.S.C. 3453(c) and 3453(d), as relevant, and the rationale for pursuing a Authorities-unique, custom-developed or in any other case non-commercial services or products.
(b) Inside 30 days of the date of the receipt of the proposed functions for solicitation of non-commercial services or products underneath subsection (a) of this part, every approval authority shall:
(i) assess every proposed software’s compliance with FASA, together with the sufficiency of the market analysis and worth evaluation offered in assist of the procurement of non‑industrial services or products, and take applicable motion with respect to any deficiencies within the proposed software, together with returning the appliance or any portion of the appliance to the contracting officer for added analysis or motion with respect to potential industrial services or products; and
(ii) make applicable suggestions to advance the solicitation of business services or products the place these services or products could be enough to serve the relevant procurement wants.
(c) Inside 120 days of the date of this order and yearly thereafter, every company’s approval authority shall present a report back to the Director of the Workplace of Administration and Finances (OMB) detailing the company’s compliance with FASA and its progress towards implementing the insurance policies of this order.
Sec. 5. Oversight of Non-Industrial Procurements. (a) Each time an company proposes to solicit a non-commercial services or products, the relevant contracting officer shall present the company’s approval authority with an outline of the proposed procurement, which shall embrace the particular causes a non‑industrial services or products is required, together with all market analysis and worth evaluation in assist of the proposed solicitation for such services or products. The approval authority shall evaluate and approve or deny the proposal in writing.
(b) In conducting the evaluate underneath subsection (a) of this part, the approval authority might search enter concerning the proposal from the Director of OMB. In such instances, the Director of OMB, in session with the Administrator for Federal Procurement Coverage, shall evaluate and assess the validity of the proposal, together with the thoroughness of the market analysis and worth evaluation, and shall notify the approval authority in writing whether or not the Director of OMB recommends that the proposal be accredited or denied.
Sec. 6. Normal Provisions. (a) Nothing on this order shall be construed to impair or in any other case have an effect on:
(i) the authority granted by legislation to an govt division or company, or the pinnacle thereof; or
(ii) the capabilities of the Director of the Workplace of Administration and Finances referring to budgetary, administrative, or legislative proposals.
(b) This order shall be carried out according to relevant legislation and topic to the provision of appropriations.
(c) This order isn’t meant to, and doesn’t, create any proper or profit, substantive or procedural, enforceable at legislation or in fairness by any social gathering towards the USA, its departments, companies, or entities, its officers, workers, or brokers, or some other particular person.
DONALD J. TRUMP
THE WHITE HOUSE,
April 15, 2025.
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