41 U.S.C. § 414 : US Code - Section 414: Chief Acquisition Officers and senior procurement executives

Search 41 U.S.C. § 414 : US Code - Section 414: Chief Acquisition Officers and senior procurement executives

(a) Establishment of agency Chief Acquisition Officers
(1) (!1) The head of each executive agency described in section
901(b)(1) (other than the Department of Defense) or section
901(b)(2)(C) of title 31 with a Chief Financial Officer appointed
or designated under section 901(a) of such title shall appoint or
designate a non-career employee as Chief Acquisition Officer for
the agency, who shall -
(A) have acquisition management as that official's primary
duty; and
(B) advise and assist the head of the executive agency and
other agency officials to ensure that the mission of the
executive agency is achieved through the management of the
agency's acquisition activities.
(b) Authority and functions of agency Chief Acquisition Officers
The functions of each Chief Acquisition Officer shall include -
(1) monitoring the performance of acquisition activities and
acquisition programs of the executive agency, evaluating the
performance of those programs on the basis of applicable
performance measurements, and advising the head of the executive
agency regarding the appropriate business strategy to achieve the
mission of the executive agency;
(2) increasing the use of full and open competition in the
acquisition of property and services by the executive agency by
establishing policies, procedures, and practices that ensure that
the executive agency receives a sufficient number of sealed bids
or competitive proposals from responsible sources to fulfill the
Government's requirements (including performance and delivery
schedules) at the lowest cost or best value considering the
nature of the property or service procured;
(3) increasing appropriate use of performance-based contracting
and performance specifications;
(4) making acquisition decisions consistent with all applicable
laws and establishing clear lines of authority, accountability,
and responsibility for acquisition decisionmaking within the
executive agency;
(5) managing the direction of acquisition policy for the
executive agency, including implementation of the unique
acquisition policies, regulations, and standards of the executive
agency;
(6) developing and maintaining an acquisition career management
program in the executive agency to ensure that there is an
adequate professional workforce; and
(7) as part of the strategic planning and performance
evaluation process required under section 306 of title 5 and
sections 1105(a)(28), 1115, 1116, and 9703 of title 31 -
(A) assessing the requirements established for agency
personnel regarding knowledge and skill in acquisition
resources management and the adequacy of such requirements for
facilitating the achievement of the performance goals
established for acquisition management;
(B) in order to rectify any deficiency in meeting such
requirements, developing strategies and specific plans for
hiring, training, and professional development; and
(C) reporting to the head of the executive agency on the
progress made in improving acquisition management capability.
(c) Senior procurement executive
(1) The head of each executive agency shall designate a senior
procurement executive who shall be responsible for management
direction of the procurement system of the executive agency,
including implementation of the unique procurement policies,
regulations, and standards of the executive agency.
(2) In the case of an executive agency for which a Chief
Acquisition Officer has been appointed or designated under
subsection (a) of this section, the head of such executive agency
shall either -
(A) designate the Chief Acquisition Officer as the senior
procurement executive for the executive agency; or
(B) ensure that the senior procurement executive designated for
the executive agency under paragraph (1) reports directly to the
Chief Acquisition Officer without intervening authority.