41 U.S.C. § 1705 — Advocates for competition
submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 411 words · no verdicts yet
Each executive agency and each of its procuring activities must have an advocate for competition. The advocates promote full and open competition and report barriers and opportunities to agency officials.
(a) Establishment and designation. (1) Every executive agency has an advocate for competition. (2) The agency head must designate one qualifying officer or employee for the agency and one for each procuring activity, excluding the senior procurement executive. The agency head may not give these people duties inconsistent with advocacy for competition and must give them needed staff or help, including specialists in engineering, technical operations, contract administration, financial management, supply management, and small or disadvantaged businesses. (b) Duties. The agency advocate must (1) challenge barriers to, and promote full and open competition in, agency purchases of property and services; (2) review procurement activities; (3) tell the senior procurement executive about opportunities and actions for full and open competition and about conditions or actions that unnecessarily restrict competition; (4) prepare an annual report describing the advocate’s activities, initiatives needed to increase competition, and remaining barriers; (5) recommend yearly competition goals and plans and a personal and organizational accountability system, which may include recognition or awards for managers, contracting officers, and others who promote competition; and (6) describe other ways the agency has emphasized competition in procurement training and research. (c) Procuring-activity advocates. Each is responsible for promoting full and open competition, promoting purchases of commercial products and services, and challenging barriers such as unnecessarily restrictive needs statements, overly detailed specifications, and unnecessarily burdensome contract clauses.
Each executive agency has an advocate for competition.
The head of each executive agency shall—
designate for the executive agency and for each procuring activity of the executive agency one officer or employee serving in a position authorized for the executive agency on July 18, 1984 (other than the senior procurement executive designated pursuant to section 1702(c) of this title) to serve as the advocate for competition;
not assign those officers or employees duties or responsibilities that are inconsistent with the duties and responsibilities of the advocates for competition; and
provide those officers or employees with the staff or assistance necessary to carry out the duties and responsibilities of the advocate for competition, such as individuals who are specialists in engineering, technical operations, contract administration, financial management, supply management, and utilization of small and disadvantaged business concerns.
The advocate for competition of an executive agency shall—
be responsible for challenging barriers to, and promoting full and open competition in, the procurement of property and services by the executive agency;
review the procurement activities of the executive agency;
identify and report to the senior procurement executive of the executive agency—
opportunities and actions taken to achieve full and open competition in the procurement activities of the executive agency; and
any condition or action which has the effect of unnecessarily restricting competition in the procurement actions of the executive agency;
prepare and transmit to the senior procurement executive an annual report describing—
the advocate’s activities under this section;
new initiatives required to increase competition; and
remaining barriers to full and open competition;
recommend to the senior procurement executive—
goals and the plans for increasing competition on a fiscal year basis; and
a system of personal and organizational accountability for competition, which may include the use of recognition and awards to motivate program managers, contracting officers, and others in authority to promote competition in procurement programs; and
describe other ways in which the executive agency has emphasized competition in programs for procurement training and research.
The advocate for competition for each procuring activity is responsible for promoting full and open competition, promoting the acquisition of commercial products and commercial services, and challenging barriers to acquisition, including unnecessarily restrictive statements of need, unnecessarily detailed specifications, and unnecessarily burdensome contract clauses.
Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3709; Pub. L. 115–232, div. A, title VIII, § 836(b)(2), Aug. 13, 2018, 132 Stat. 1861.)
- 2011Enacted · Pub. L. 111-350 · 124 Stat. 3709
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1861
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-350 on 2011-01-04.
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