Executive Order 12928: Promoting Procurement With Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals, Historically Black Colleges and Universities, and Minority Institutions

President: Bill Clinton

Directed agencies to pursue lawful contracting participation by disadvantaged small businesses, HBCUs and minority institutions and strengthened senior accountability.

Status: In effect. Is Executive Order 12928 still in effect? Yes. Executive Order 12928 remains in effect. See Federal Register record.

What does Executive Order 12928 do?

EO 12928 required agencies to enforce existing procurement-participation laws, set and monitor goals, remove unnecessary barriers, expand outreach and subcontracting, and keep Offices of Small and Disadvantaged Business Utilization accountable to senior leadership. It also addressed contracting and research opportunities for HBCUs and minority institutions. The order did not create quotas or preferences independent of statute. No express revocation was identified, but modern implementation depends on the Small Business Act, current FAR and SBA rules, and constitutional limits on race-conscious action.

Administration position: The order sought broader participation using existing lawful tools. It did not award contracts automatically or displace competition and eligibility rules.
SignedSeptember 16, 1994
Covered groupsSDBs, HBCUs and minority institutions
MechanismGoals, accountability and barrier removal

Before and after

Before the order

Agencies had statutory participation duties but inconsistent senior accountability and coordination.

After the order

Agency heads had explicit planning, monitoring and outreach responsibilities.

Who had to do what

Agency / officeActionTiming / position
Agency headsSet lawful goals and remove unnecessary barriersThrough procurement planning
OSDBU directorsReport at the senior level and monitor progressUnder the Small Business Act
SBA and OFPPProvide coordination and guidanceWithin existing authority

What happened next

EO 12928 issued.

No express revocation was identified; current law controls implementation.