Promoting Efficiency, Accountability, and Performance in Federal Contracting

This executive order establishes fixed-price contracts as the default and preferred method of federal procurement. It requires written justification by contracting officers for any non-fixed-price contract and written agency-head approval when the non-fixed-price value exceeds set thresholds ($100 million for the Department of War, $35 million for NASA, $25 million for the Department of Homeland Security, and $10 million for other agencies), with exceptions for emergency response and research and development for major systems acquisition. Within 90 days, each agency head must review and seek to modify, restructure, or renegotiate its 10 largest non-fixed-price contracts toward fixed prices, and must report semi-annually to the Director of OMB on approved non-fixed-price contracts. The Director of OMB must issue implementation guidance within 45 days, and the Administrator for Federal Procurement Policy must propose Federal Acquisition Regulation amendments and develop a fixed-price contracting training program within 120 days.

None.

No known legal challenges.