President Donald Trump on Tuesday signed an executive order directing federal agencies to prioritize the procurement of commercially available products and services to eliminate unnecessary expenditures associated with buying custom products where a suitable commercial platform would have met the government’s requirements.
What Are the Requirements for Contracting Officers?
Within 60 days, agency contracting officers should review all open agency solicitations, presolicitations, award notices and sole source notices for non-commercial services and products and submit proposed waivers justifying the need for such products, according to a White House fact sheet published Tuesday.
The proposed waiver should include a price analysis and market research to explain the rationale for pursuing a custom-built product or service.
Within 30 days of receiving the proposed waiver, the approval authority should evaluate each application’s compliance with the Federal Acquisition Streamlining Act of 1994, or FASA, and provide recommendations to advance the procurement of commercial products or services.
The EO directs agencies to submit reports to the director of the Office of Management and Budget detailing their compliance with FASA and progress in implementing the policy.
Non-Commercial Procurement Oversight
Whenever an agency proposes to procure a non-commercial offering, contracting officers should provide the approval authority with an application describing the proposed procurement and stating specific reasons for buying a non-commercial product or service, along with a price analysis and market research.
Approval authorities at agencies will evaluate and approve or deny the proposed procurement in writing. They may also seek input and recommendations from the OMB director.
