Ensuring Commercial, Cost-Effective Solutions in Federal Contracts

This EO directs federal policy that agencies shall procure commercially available products and services, including those that can be modified to fill agencies’ needs, to the maximum extent practicable, including pursuant to the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355, as amended) (FASA). Within 60 days, each agency shall review all open solicitations/notices where a commercial option has not been identified and evaluate whether a commercial option is available. 30 days later, each agency shall evaluate proposed action to advance commercial options. Within 120 days, and annually thereafter, each agency shall provide a report to OMB detailing the agency’s compliance with FASA and its progress toward implementing this order. Whenever an agency proposes to solicit a non-commercial product or service, the applicable contracting officer shall provide the specific reasons a non‑commercial product or service is required. The approval authority shall review and approve or deny the proposal in writing.

• All

Immediate, 120.

Within 120 days, and annually thereafter, each agency shall provide a report to OMB detailing the agency’s compliance with FASA and its progress toward implementing this order.

No known legal challenges.