Executive Order
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Promoting Efficiency, Accountability, and Performance in Federal Contracting
AI Summary:
This regulation promotes efficiency, accountability, and performance in federal contracting by establishing a policy that fixed-price contracts with performance-based considerations should be the default and preferred method of procurement. This approach aims to improve cost predictability, budget discipline, and contractor accountability by incentivizing contractors to control costs and meet deliverables to maximize profits, contrasting with cost-reimbursement contracts where contractors are guaranteed reimbursement for incurred costs and may receive profit margins on top of expenses, which can lead to less incentive for cost control and increased government exposure to overspending. Executive branch departments and agencies are directed to utilize fixed-price contracts, as defined in the Federal Acquisition Regulation (FAR), or contracts that tie profit to performance-based metrics, unless a written justification is provided by the contracting officer to the agency head for using non-fixed-price contracts like cost-reimbursement, time-and-material, or labor-hour contracts. For non-fixed-price contracts exceeding certain monetary thresholds, written approval from the agency head is required, with specific exceptions for contracts supporting emergency responses or involving research and development for major systems acquisition. Agencies are also required to review their largest non-fixed-price contracts to facilitate the use of fixed prices and performance-based incentives, and to report semi-annually to the Office of Management and Budget (OMB) on the use and justification of non-fixed-price contracts. The Director of OMB is tasked with issuing guidance for consistent implementation, and the Administrator for Federal Procurement Policy will propose amendments to the FAR and develop training programs for federal employees on fixed-price contracting.