Improving Economy and Efficiency in Federal Contracting Presidential Use of the Federal Property and Administrative Services to Direct Procurement Policy

Abstract

This paper focuses on how presidents have issued Executive Orders relying on the Federal Property and Administrative Services Act of 1949 (FPASA) over the past thirty years to shape the Federal acquisition system. Pursuant to FPASA, the President has the authority to issue policies and directives that promote economy and efficiency in the procurement functions of the government. Research found a sharp increase in the use of FPASA to issue Executive Orders, and an increase in the scope of Executive Orders relying on the FPASA authority. It also found that while Federal courts have traditionally given broad latitude to the President’s FPASA authority, that deference is limited. Likewise, it found that Congress is rarely moved to intervene in support of or contravention of the FPASA authority. Yet the policies enacted using this FPASA authority have created uncertainty and burdens in Federal contracting, effecting the workforce and the industrial base. The author provides recommendations for legislative and administrative changes to promote the use of FPASA to strengthen the industrial base rather than to create confusion and increase compliance costs.