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Executive Order 12092 Constitutional Neutral (+0.02)

Executive Order 12092—Federal Anti-Inflationary Procurement Practices

Jimmy Carter Jimmy Carter
•
Wednesday, November 1, 1978
•
2 min read (486 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Jimmy Carter on 1978-11-01, establishes federal administrative policy concerning "Federal Anti-Inflationary Procurement Practices." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ PROHIBITION AGAINST INFLATIONARY PROCUREMENT PRACTICES By the authority vested in me as President and as Commander in Chief of the Armed Forces by the Constitution and statutes of the United States of America, including Sections 2(c) and 3(a) of the Council on Wage and Price Stability Act, as amended (12 U.S.C.
▪ 1904 note) and Section 205(a) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C.
▪ Noninflationary wage and price behavior shall be measured by the following standards: (a) For prices, noninflationary price behavior is the deceleration by companies of their current rate of average price increase by at least 0.5 percentage points from their historical rate of annual price increase during 1976-1977 except where profits have not increased.
▪ In order to ensure economy and efficiency in government procurement, the head of each Executive agency and Military Department shall ensure that their contracts incorporate, on and after January 1, 1979, a clause which requires compliance by the contractor, and by his subcontractors and suppliers, with the standards set forth in Section 1-102 of this Order.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants
Total Words
486
3,114 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
18.7
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 12092, Jimmy Carter (Nov 1, 1978). Available at https://executiveordersarchive.org/orders/app-executive-order-12092-federal-anti-inflationary-procurement-practices.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
PROHIBITION AGAINST INFLATIONARY PROCUREMENT PRACTICES By the authority vested in me as President and as Commander in Chief of the Armed Forces by the Constitution and statutes of the United States of America, including Sections 2(c) and 3(a) of the Council on Wage and Price Stability Act, as amended (12 U.S.C. 1904 note) and Section 205(a) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(a)), and in order to encourage noninflationary pay and price behavior by private industry and labor, and to provide for the procurement by Executive agencies and Military Departments of personal property and services at prices and wage rates which are noninflationary, it is hereby ordered as follows: 1-101. The Chairman of the Council on Wage and Price Stability shall: (a) Monitor company pay and price practices in order to determine compliance with the standards set forth in Section 1-102 of this Order; (b) Promulgate regulations and guidance to further define these standards, and provide for appropriate exemptions and exceptions; (c) Publish, or cause to be published, in accordance with procedures designed to ensure fairness and due process, the names of individuals or companies which are not in compliance with the standards; (d) Promulgate procedures to be used in proceedings before the Council on matters pertaining to the standards, and take such other action as may be necessary and consistent with the purposes of this Section. 1-102. Noninflationary wage and price behavior shall be measured by the following standards: (a) For prices, noninflationary price behavior is the deceleration by companies of their current rate of average price increase by at least 0.5 percentage points from their historical rate of annual price increase during 1976-1977 except where profits have not increased. (b) For pay, noninflationary pay behavior is the holding of pay increases to not more than 7 percent annually above their recent historical levels. (c) These standards, which shall be further defined by the Chairman of the Council on Wage and Price Stability, shall be subject to certain limitations and exemptions as determined by the Chairman. 1-103. In order to ensure economy and efficiency in government procurement, the head of each Executive agency and Military Department shall ensure that their contracts incorporate, on and after January 1, 1979, a clause which requires compliance by the contractor, and by his subcontractors and suppliers, with the standards set forth in Section 1-102 of this Order. 1-104. Each Executive agency and each Military Department shall comply with the directions of the Administrator for Federal Procurement Policy, who, in accord with Section 6 of the Office of Federal Procurement Policy Act (41 U.S.C. 405), shall be responsible for the overall direction of the implementation of Section 1-103 including the issuance of regulations and procedures for determining exceptions and granting exemptions. JIMMY CARTER The White House, November 1, 1978. [Filed with the Office of the Federal Register, 4:49 p.m., November 1, 1978]