41 U.S.C. § 418 : US Code - Section 418: Advocates for competition

Search 41 U.S.C. § 418 : US Code - Section 418: Advocates for competition

(a) Establishment, designation, etc., in executive agency
(1) There is established in each executive agency an advocate for
competition.
(2) The head of each executive agency shall -
(A) designate for the executive agency and for each procuring
activity of the executive agency one officer or employee serving
in a position authorized for such executive agency on July 18,
1984 (other than the senior procurement executive designated
pursuant to section 414(3) (!1) of this title) to serve as the
advocate for competition;
(B) not assign such officers or employees any duties or
responsibilities that are inconsistent with the duties and
responsibilities of the advocates for competition; and
(C) provide such officers or employees with such staff or
assistance as may be necessary to carry out the duties and
responsibilities of the advocate for competition, such as persons
who are specialists in engineering, technical operations,
contract administration, financial management, supply management,
and utilization of small and disadvantaged business concerns.
(b) Duties and functions
The advocate for competition of an executive agency shall -
(1) be responsible for challenging barriers to and promoting
full and open competition in the procurement of property and
services by the executive agency;
(2) review the procurement activities of the executive agency;
(3) identify and report to the senior procurement executive of
the executive agency designated pursuant to section 414(3) (!1)
of this title -
(A) opportunities and actions taken to achieve full and open
competition in the procurement activities of the executive
agency; and
(B) any condition or action which has the effect of
unnecessarily restricting competition in the procurement
actions of the executive agency; and (!2)
(4) prepare and transmit to such senior procurement executive
an annual report describing -
(A) such advocate's activities under this section;
(B) new initiatives required to increase competition; and
(C) barriers to full and open competition that remain;
(5) recommend to the senior procurement executive of the
executive agency goals and the plans for increasing competition
on a fiscal year basis;
(6) recommend to the senior procurement executive of the
executive agency 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
(7) describe other ways in which the executive agency has
emphasized competition in programs for procurement training and
research.
(c) Responsibilities
The advocate for competition for each procuring activity shall be
responsible for promoting full and open competition, promoting the
acquisition of commercial items, and challenging barriers to such
acquisition, including such barriers as unnecessarily restrictive
statements of need, unnecessarily detailed specifications, and
unnecessarily burdensome contract clauses.