Executive Order 12689
[3 CFR 1989 Comp., p. 235]
Debarment and Suspension
By the authority vested in me as President by the
Constitution and laws of the United States of America, and in order to
protect the interest of the Federal Government, to deal only with responsible
persons, and to insure proper management and integrity in Federal activities,
it is hereby ordered as follows:
Section 1. Definitions.
For purposes of this order:
"Procurement activities" refers
to all acquisition programs and activities of the Federal Government,
as defined in the Federal Acquisition Regulation.
"Nonprocurement activities"
refers to all programs and activities involving Federal financial
and nonfinancial assistance and benefits, as covered by Executive
Order No. 12549 and the Office of Management and Budget guidelines
implementing that order.
"Agency" refers to executive
department agencies.
Section 2. Government-wide Effect.
To the extent permitted by law and upon resolution
of differences and promulgation of final regulations pursuant to section
3 of this order, the debarment, suspension, or other exclusion of a
participant in a procurement activity under the Federal Acquisition
Regulation, or in a nonprocurement activity under regulations issued
pursuant to Executive Order No. 12549, shall have government-wide effect.
No agency shall allow a party to participate in any procurement or nonprocurement
activity if any agency has debarred, suspended, or otherwise excluded
(to the extent specified in the exclusion agreement) that party from
participation in a procurement or nonprocurement activity.
An agency may grant an exception permitting a
debarred, suspended, or otherwise excluded party to participate in procurement
activities of that agency to the extent exceptions are authorized under
the Federal Acquisition Regulation, or to participate in nonprocurement
activities of that agency to the extent exceptions are authorized under
regulations issued pursuant to Executive Order No. 12549.
Section 3. Implementation.
The Office of Management and Budget may assist
Federal agencies in resolving differences between the provisions contained
in the Federal Acquisition Regulation and in regulations issued pursuant
to Executive Order No. 12549. The Office of Management and Budget shall
notify affected agencies of that date.
To implement this order, proposed regulations
amending the Federal Acquisition and the agency regulations issued pursuant
to Executive Order No. 12549 shall be published simultaneously within
6 months of the resolution of differences.
Final regulations shall be published within 12
months of the publication of the proposed regulations, to be effective
30 days thereafter.
THE WHITE HOUSE, August 16, 1989.
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