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.
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 / office | Action | Timing / position |
|---|---|---|
| Agency heads | Set lawful goals and remove unnecessary barriers | Through procurement planning |
| OSDBU directors | Report at the senior level and monitor progress | Under the Small Business Act |
| SBA and OFPP | Provide coordination and guidance | Within existing authority |
What happened next
EO 12928 issued.
No express revocation was identified; current law controls implementation.
Legal and source detail
How it works legally
The order repeatedly operates within existing law and cannot create contracting entitlements. Race-conscious measures must satisfy constitutional doctrine and current statutory and regulatory requirements.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- GovInfo — EO 12928 (opens in a new tab) Order text
- U.S. Code — Small Business Act (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 14, 2026. How we research →