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Executive Order 12689 of August 16, 1989 — Debarment and Suspension

Summary

Executive Order 12689 of August 16, 1989, Debarment and Suspension, is printed in the Federal Register, Vol. 54, No. 159, of Friday, August 18, 1989. To the extent permitted by law, and once differences are resolved and final regulations promulgated, it gives governmentwide effect to the debarment, suspension or other exclusion of a participant in a procurement activity under the Federal Acquisition Regulation or a nonprocurement activity under regulations issued pursuant to Executive Order No. 12549: no agency may allow a party excluded by any agency to participate in either kind of activity. The Office of Management and Budget may assist agencies in resolving differences between the two sets of rules; proposed regulations are to be published within 6 months of that resolution, and final regulations within 12 months of the proposed ones, effective 30 days thereafter.

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         Presidential Documents



   Executive Order 12689 of August 16, 1989

   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. D efin ition s. For purposes of this order:
   (a) “Procurement activities’’ refers to all acquisition programs and activities of
   the Federal Government, as defined in the Federal Acquisition Regulation.
   (b) “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 guide­
   lines implementing that order.
   (c) “Agency” refers to executive departments and agencies.
   Sec. 2. G ov ern m en tw id e E ffec t.
   (a) 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 govemmentwide 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.
   (b) 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 Execu­
   tive Order No. 12549.
   Sec. 3. Im p lem en tation .
   (a) The Office of Management and Budget may assist Federal agencies in
   resolving differences between the provisions contained in the Federal Acquis-
   tion Regulation and in regulations issued pursuant to Executive Order No.
   12549. The Office of Management and Budget may determine the date of
   resolution of differences and then shall notify affected agencies of that date.
   (b) To implement this order, proposed regulations amending the Federal
   Acquisition Regulation and the agency regulations issued pursuant to Execu­
   tive Order No. 12549 shall be published simultaneously within 6 months of the
   resolution of differences.
34132          Federal Register / Vol. 54, No. 159 / Friday, August 18, 1989 / Presidential Documents

                                      (c) Final regulations shall be published simultaneously within 12 months of the
                                      publication of the proposed regulations, to be effective 30 days thereafter.




                                      THE WHITE HOUSE
                                      August 16, 1989.
[FR Doc. 89-19009
Filed 8-18-89; 4:28 pm]
Billing code 3195-01-M

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