In accordance with the authority entrusted to me as President and under the Constitution and laws of the United States, I hereby issue the following directive:
Section 1. Objective. One of the primary aims of my Administration is to eradicate wasteful and ill-advised spending of taxpayer money. Previous administrations often sidestepped legal preferences and misused the Federal contracting system by opting for bespoke products and services when a suitable commercial alternative could have adequately met the Government’s requirements. This practice not only hindered the adoption of commercially available innovations in Government procurement but also inflated Government expenditures, leading to unnecessary waste and frustrating delays that ultimately affect American taxpayers. My Administration is committed to enforcing existing regulations that mandate the Federal Government to leverage the competitive marketplace and the ingenuity of private enterprise to deliver improved and more cost-efficient services to taxpayers.
Sec. 2. Policy Statement. It is the policy of my Administration that agencies shall procure commercially available products and services, including those adaptable to meet their needs, to the fullest extent possible, in accordance with the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355, as amended) (FASA).
Sec. 3. Clarifications. For the purposes of this order:
(a) “Agency” refers to an executive department, a military department, or any independent establishment as defined in 5 U.S.C. 101, 102, and 104(1), as well as any wholly owned Government corporation as per 31 U.S.C. 9101(c).
(b) “Approval authority” signifies the senior procurement executive designated under 41 U.S.C. 1702(c), responsible for managing the acquisition strategies of an agency, including the execution of its unique acquisition policies, regulations, and standards.
(c) “Contracting officer” carries the definition provided in 48 C.F.R. 2.101.
Sec. 4. Assessment of Current Actions. (a) Within 60 days following this order, each agency’s approval authority will instruct the agency’s contracting officers to review all ongoing agency solicitations, pre-solicitation notices, solicitation notices, award notices, and sole-source notices concerning non-commercial products or services. This includes highly specialized, Government-specific systems, custom-developed products, or research and development projects where no satisfactory commercial option has been identified. Each contracting officer is required to compile these solicitations into a proposed application for the acquisition of non-commercial products or services, which will be submitted to the agency’s approval authority. The applications must include the market research and pricing analysis used to evaluate the availability of commercial products and services that could meet the Government’s needs, and justify the procurement of a non-commercial product or service, as mandated by 41 U.S.C. 3307(d) and 10 U.S.C. 3453(c) and (d), as applicable, along with a rationale for pursuing a Government-specific, custom-developed, or otherwise non-commercial product or service.
(b) Within 30 days of receiving the proposed applications for the solicitation of non-commercial products or services under subsection (a), each approval authority shall:
(i) evaluate the compliance of each proposed application with FASA, including assessing the adequacy of the accompanying market research and price analysis supporting the procurement of non-commercial products or services. The authority will address any deficiencies identified in the proposed application, which may involve returning the application or parts thereof to the contracting officer for further investigation or consideration of potential commercial alternatives; and
(ii) make suitable recommendations to advance the solicitation of commercial products or services where those options would adequately meet the relevant procurement needs.
(c) No later than 120 days from the date of this order and annually thereafter, each agency’s approval authority must submit a report to the Director of the Office of Management and Budget (OMB), detailing the agency’s adherence to FASA and its progress in implementing the directives of this order.
Sec. 5. Oversight of Non-Commercial Procurements. (a) When an agency intends to solicit a non-commercial product or service, the relevant contracting officer must provide the agency’s approval authority with a detailed description of the proposed procurement, which should encompass the specific reasons why a non-commercial product or service is necessary, alongside all market research and pricing analysis supporting the proposed solicitation. The approval authority is required to review and either approve or deny the proposal in writing.
(b) In the review process outlined in subsection (a), the approval authority may seek insights regarding the proposal from the Director of OMB. In such instances, the Director of OMB, in consultation with the Administrator for Federal Procurement Policy, will evaluate the legitimacy of the proposal, including the thoroughness of the market research and pricing analysis, and will notify the approval authority in writing about whether the Director recommends the proposal for approval or denial.
Sec. 6. General Provisions. (a) Nothing in this order is intended to undermine or otherwise influence:
(i) the authority conferred by law to an executive department or agency, or its head; or
(ii) the responsibilities of the Director of the Office of Management and Budget regarding budgetary, administrative, or legislative proposals.
(b) This order shall be executed in compliance with applicable laws and contingent on the availability of appropriations.
(c) This order is not meant to, nor does it, establish any right or benefit, substantive or procedural, that can be enforced by any party against the United States, its departments, agencies, or entities, their officers, employees, or agents, or any other individual.
DONALD J. TRUMP
THE WHITE HOUSE,
April 15, 2025.
