Agency Procurement Protests

This executive order requires federal agencies to establish internal administrative procedures for resolving procurement contract protests as an alternative to external forums. It mandates that the Federal Acquisition Regulation be amended within 180 days to support these goals, and requires a report to the President within 2 years on agency implementation.

Federal Register Open PDF 60 FR 55171

Impact dates

Oct 25, 1997
Report to President on agency experience and performance
Apr 22, 1996
Federal Acquisition Regulation amendment due

Key directives

Agency heads shall prescribe administrative procedures for resolving procurement protests internally
Procedures must emphasize resolution with contracting officers
Procedures must provide for inexpensive, informal, expeditious resolution including ADR techniques
Actual or prospective bidders may request review above contracting officer level for alleged violations
Prohibit contract award/performance while timely protest pending, with notice deadlines (10 days after award or 5 days after debriefing)
Administrator for Federal Procurement Policy shall provide policy guidance and review agency performance
Administrator of General Services, Secretary of Defense, and NASA Administrator shall amend FAR within 180 days

Who is ordered

Timeline

Immediate

Agencies must begin developing internal protest resolution procedures

Near term (90d)

Federal Acquisition Regulation amendment due (180 days from signing falls in this window)

Long term

Report to President due within 2 years on agency experience and performance

Risks & tensions

10-day/5-day notice windows for protest withholding may create compliance complexity; 'to the maximum extent practicable' and 'where appropriate and as permitted by law' language creates implementation flexibility that may reduce uniformity across agencies
urgent and compelling reasons exception for proceeding despite protests leaves significant agency discretion