Executive Order 13170: Increasing Opportunities and Access for Disadvantaged Businesses
President: Bill Clinton
Directed agencies to expand outreach, subcontracting and procurement opportunities for small disadvantaged and minority-owned businesses.
Status: In effect. Is Executive Order 13170 still in effect? Yes. Executive Order 13170 remains in effect. See Federal Register record.
What does Executive Order 13170 do?
EO 13170 told federal agencies to pursue participation by small disadvantaged businesses, 8(a) firms and minority business enterprises through acquisition planning, outreach, subcontracting, data and review of bundled contracts. The underlying small-business programs continue, but court decisions and later executive policy ended race-based presumptions in individual 8(a) eligibility and returned the small-disadvantaged-business contracting goal to the statutory five percent.
Claim-level review October 2, 2026: The order promotes access to federal contracting; it does not award a contract or guarantee eligibility. Later policy and litigation changed aspects of disadvantaged-business certification, while separate statutory small-business and 8(a) authorities remain distinct.
Before and after
Before the order
Small-business statutes set participation goals, but agencies faced persistent shortfalls and contract bundling barriers.
After the order
Agencies had added planning, reporting and outreach duties, now constrained by later equal-protection rulings and current policy.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Federal agencies | Plan outreach and maximize lawful participation | Continuing within current law |
| SBA | Review goals, eligibility and bundled procurements | Continuing |
| Prime contractors | Provide subcontracting opportunities where required | Continuing under procurement law |
What happened next
EO 13170 established additional agency duties.
A federal court enjoined SBA’s race-based rebuttable presumption in the 8(a) program.
Signed text, official disposition and the cited later implementation records for EO 13170 rechecked.
Court status
No court opinion, filing or docket is linked in this guide’s current source set.
Legal and source detail
How it works legally
The Small Business Act, SBA regulations, acquisition rules and constitutional equal-protection requirements control awards and eligibility. The order cannot override those authorities.
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 13170 (opens in a new tab) Order text
- eCFR — 8(a) program rules (opens in a new tab) Official record
- SBA — 2026 proposed eligibility reform (opens in a new tab) Official record
- National Archives — 2000 disposition table (opens in a new tab) Official record
- White House — EO 14173 (opens in a new tab) Order text
How we checked this
Last checked against the sources above on October 2, 2026. How we research →