**Attachment A**

**Competition Advocate Report Template and Instructions**

**Fiscal Year 2008 and Beyond**

**Purpose:** This document provides the template and associated
instructions for completing an annual Competition Advocate Report (CAR).
The HHS competition advocate (CA) shall use the same report template
without the transmittal memorandum when providing the consolidated CAR
to the HHS senior procurement executive (SPE) and chief acquisition
officer (CAO).

**Requirements and Responsibilities:** The Federal Acquisition
Regulation (FAR)\
6.502(b)(2) requires that an agency's CA prepare and submit an annual
report to the agency SPE and CAO, in accordance with agency procedures,
detailing the CA's activities under 6.502(b)(1) through (b)(4). In order
to comply with that reporting requirement, Health and Human Services
Acquisition Regulation (HHSAR) 306.502 requires that the Operating
Division (OPDIV) CAs designated in HHSAR 306.501 submit an annual CAR to
the HHS CA prepared in accordance with the standard format specified in
HHSAR 306.502(b).

With the assistance of the Head of the Contracting Activity (HCA),
and/or the Chief of the Contracting Office (CCO), as appropriate, each
OPDIV CA shall: (a) prepare an annual CAR covering the prior fiscal
year, using the following standard template and instructions; and (b)
provide it to the HHS CA not later than November 16 of each year or the
next business day, if the due date falls on a non-business day.

To facilitate OPDIV completion of the CAR's tabular data, the Office of
the Assistant Secretary for Administration and Management, Office of
Acquisition Management and Policy, (ASAM/OAMP) will provide the OPDIVs,
within 10 business days after the close of each fiscal year, the data
necessary to populate for that year's report the Competition Summary
table in Section A. and the Commercial Item[^1] Acquisitions and
Performance-Based Acquisition tables in Section B. of the template.
ASAM/OAMP will also provide the comparison data for the referenced
tables for the fiscal year prior to the one being reported on to
facilitate data comparison by the OPDIVs between the two fiscal years.
All of the ASAM/OAMP-provided data will be based on the OPDIV data
submitted to the Departmental Contracts Information System (DCIS). An
OPDIV must use only that information unless it obtains approval from
ASAM/OAMP to use supplemental data.

The HHS CA will consolidate the OPDIV CARs and submit the agency report
to the HHS SPE and CAO in accordance with HHSAR 306.502(c) by December
20 of each year or the next business day, if the due date falls on a
non-business day.

The CAR consists of two parts.

-   Part I: Transmittal and Approval Form

-   Part II: Annual Competition Advocate Report

    The report preparation instructions are specified in "red" and
    should not be part of the completed CAR. Do not include this
    introductory page (i.e., the Purpose and Requirements and
    Responsibilities sections) as part of the CAR. The completed CAR
    should begin with the Part I Transmittal and Approval Form and
    include the titles for Parts I and II as shown.

**Part I -- Transmittal and Approval Form**

Complete all information as follows and provide the completed form as
Part I.

a.  **"To:"** Insert the name and title of the HHS CA and his/her
    organization's name.

b.  **"Through:"** Insert the name and title of the responsible OPDIV
    HCA and his/her organization's name.

c.  **"From:"** Insert the name and title of the responsible OPDIV CA
    and his/her organization's name.

d.  **"Subject:"** *"\[In*sert the OPDIV name*\]* Annual Competition
    Advocate Report for Fiscal Year \[*insert the appropriate fiscal
    year*\]."

e.  **"Narrative:"** Complete and insert the introductory paragraph as
    shown below. In a succeeding paragraph(s) after the introductory
    paragraph, provide any information that is important for the HHS CA
    to understand or be aware of regarding the report.

f.  **"Officials' Signatures:"** Specify the names, titles, and
    signatures of the OPDIV CA and HCA, as well as any other
    reviewing/concurring officials required by OPDIV procedures by
    providing additional signature blocks.

**To:**

**Through:**

**From:**

**Subject:** \_\_\_\_\_\_ Annual Competition Advocate Report for Fiscal
Year \_\_\_\_\_

The purpose of this memorandum is to provide the \_\_\_\_\_\_ (*insert
OPDIV name*) Annual Competition Advocate Report for Fiscal Year
\_\_\_\_\_ (*insert appropriate fiscal* year) in accordance with HHSAR
306.502(a). The specifics of the report are contained in Part II.

  ----------------- ----------------- ----------------- -----------------
  **OFFICIAL**      **NAME AND        **SIGNATURE**     **DATE**
                    TITLE**                             

  **HEAD OF THE                                         
  CONTRACTING                                           
  ACTIVITY**                                            

  **COMPETITION                                         
  ADVOCATE**                                            

                                                        

                                                        
  ----------------- ----------------- ----------------- -----------------

**PART II -- Annual Competition Advocate Report**

Part II of the CAR is composed of five sections and various subsections.
Each section must cite its respective section title, e.g., Section A:
[Executive Summary and Competition Summary Data,]{.underline} and
include all required information. Lengthy information may be included as
an attachment and must reference the applicable section/subsection.

Provide the data/information as specified below. Provide examples
representative of report findings, wherever possible. If information
required is addressed in whole or in part under a prior or subsequent
section or subsection, so state and refer to that section/subsection. As
long as the standard headings are included and the required information
is addressed, OPDIVs may include additional information in their CARs in
accordance with OPDIV procedures.

Unless otherwise indicated for a particular section, the data and
narrative information required by Sections A. through E apply to all
acquisitions exceeding the micro-purchase threshold, including actions
placed under GSA Federal Supply Schedule (FSS) contracts,
Government-wide acquisition contracts (GWACs), HHS-wide acquisition
contracts (HWACs), and OPDIV-awarded indefinite-delivery,
indefinite-quantity (IDIQ) contracts. Dollars obligated must only
include dollars obligated at the time of contract/order award and funded
modifications to those awards -- e.g., an option becomes a reportable
action when it is exercised and funds are obligated. Do not include the
potential value of unfunded actions in the dollar totals, including
unfunded options and planned incremental funding actions. Dollars in the
tables must be cited in "millions" and rounded to the nearest \$100,000
-- e.g., \$22,565,000 would be cited as \$22.6.

Further, to ensure consistency in reporting actions awarded and dollars
obligated for task and delivery orders, OPDIVs must report task and
delivery orders under OPDIV competitively awarded IDIQ contracts as
competitive, consistent with an IDIQ's "fair opportunity to be
considered" provisions, unless a Contracting Officer (i) awards an order
noncompetitively pursuant to any of the four statutory exceptions to the
fair opportunity process cited in FAR 16.505(b) or (ii) awards an order
under a noncompetitively awarded IDIQ.

ASAM/OAMP will provide the information needed to complete the several
tables required in this report. In completing the Competition Summary
table in Section A. and the Commercial Item Acquisitions and
Performance-Based Acquisitions tables in Section B. of the template,
include the required information for the OPDIV as a whole. In addition,
for each table, provide comparison data for the fiscal year prior to the
one being reported on in comparable tables. ([NOTE]{.underline}: Because
of changes or corrections to information in DCIS, the ASAM/OAMP-provided
information for the prior fiscal year may not be exactly the same as
that which the OPDIV submitted in the CAR for that fiscal year.)

**Section A: [Executive Summary and Competition Summary Data
]{.underline}**

**A -- 1.** Executive Summary

Provide a brief high-level summary of the OPDIV's CAR for the fiscal
year covered by this report. Specify any background information
necessary to understand the information cited and provide an overview of
(i) accomplishments, including improvement actions taken; (ii) areas
that need to be strengthened; and (iii) recommendations/plans for
actions to be taken in future reporting periods. Highlight any important
statistical data. The executive summary should normally not exceed two
(2) pages. ([NOTE]{.underline}: The HHS CA is also required to prepare
an executive summary of the HHS consolidated CAR for submission to the
HHS SPE and CAO.)

> **A -- 2.** Competition Summary Table
>
> Complete the table below for the fiscal year covered by this report
> and provide a corresponding table for the previous fiscal year.
> Explain the basis for any variation in the competitive percentage(s),
> for any type of acquisition, of plus or minus 10 percent or more
> between the two fiscal years.

  ------------------ ----------- ------------- --------------- ------------- ------------- ---------------
  **Competition                                                                            
  Summary Table --                                                                         
  Fiscal Year                                                                              
  \_\_\_\_**                                                                               

  **Type of          **Actions                                 **Dollars                   
  Acquisition**      Awarded**                                 Obligated                   
                                                               (\$M)**                     

                     **Number of **Number of   **Competitive   **Dollars**   **Amount of   **Competitive
                     Actions**   Competitive   Percentage**                  Competitive   Percentage**
                                 Actions**                                   Dollars**     

  **Research &                                                                             
  Development                                                                              
  (R&D)**                                                                                  

  **R&D Support                                                                            
  Services**                                                                               

  **Non-R & D                                                                              
  Support Services**                                                                       

  **Supplies and                                                                           
  Equipment**                                                                              

  **Information                                                                            
  Technology                                                                               
  Supplies,                                                                                
  Equipment, and                                                                           
  Services**                                                                               

  **Construction**                                                                         

  **Architect** -                                                                          
  **Engineer                                                                               
  Services**                                                                               

  **Other**                                                                                

  **Total**                                                                                
  ------------------ ----------- ------------- --------------- ------------- ------------- ---------------

**Section B: [Actions Taken During the Reporting Period]{.underline}**

> **B -- 1.** Opportunities and actions taken to acquire commercial
> items to meet the needs of the agency
>
> Specify any steps taken to challenge barriers to the acquisition of
> commercial items, such as eliminating unnecessarily restrictive
> specifications or burdensome contract clauses. Indicate any steps that
> were taken, and when, to foster the acquisition of commercial items
> and whether the actions were successful. Explain whether any steps
> taken will have a positive long-term impact on the acquisition of
> commercial items and, if so, how. If no steps were taken, provide an
> explanation.
>
> Complete the table below for the fiscal year covered by this report
> and provide a corresponding table for the previous fiscal year.
> Explain the basis for any variation in the number of actions and total
> dollars obligated for commercial items, for the two specified dollar
> categories, of plus or minus 10 percent or more between the two fiscal
> years.

  ----------------- ----------------- ----------------- -----------------
  **Commercial Item                                     
  Acquisitions --                                       
  FY \_\_\_\_**                                         

  **\$3,001 to                        **\$100,001 and   
  \$100,000**                         above**           

  **Total Number of **Total Dollars   **Total Number of **Total Dollars
  Actions**         Obligated (\$M)** Actions**         Obligated (\$M)**

                                                        
  ----------------- ----------------- ----------------- -----------------

> **B -- 2.** Opportunities and actions taken to achieve full and open
> competition in the contracting operations of the agency
>
> Specify any steps taken to challenge barriers to full and open
> competition, such as increasing the use of: performance work
> statements (PWSs), statements of objectives (SOOs), requests for
> information or sources sought notices, and longer proposal response
> times for complex acquisitions. Indicate any steps that were taken,
> and when, particularly, for actions exceeding the simplified
> acquisition threshold, to foster competitive acquisition and whether
> the steps were successful. Explain whether any steps taken will have a
> positive long-term impact on competition and, if so, how. If no steps
> were taken, provide an explanation.
>
> **B -- 3.** Actions taken to challenge requirements that are not
> stated in terms of functions to be performed, performance required, or
> essential physical characteristics
>
> Specify any steps taken to challenge requirements that were not stated
> in terms of functions to be performed, performance required, or
> essential physical characteristics and whether the steps were
> successful. Indicate any steps taken to increase the use and number of
> performance-based acquisitions, including any training provided or
> instructions issued on the development/use of PWSs or SOOs. If no
> steps were taken, provide an explanation.
>
> *For acquisitions that exceed \$25,000,* complete the table below for
> the fiscal year covered by this report and provide a corresponding
> table for the previous fiscal year. ([NOTE]{.underline}: See FAR
> 37.102 for acquisitions that are excluded from performance-based
> consideration and Office of Federal Procurement Policy (OFPP)
> Memorandum, dated September 7, 2004, for other types of services that
> are excluded [for FPDS reporting purposes only]{.underline}.) Explain
> the basis for any variation in the number of actions and total dollars
> awarded for performance-based acquisitions of plus or minus 10 percent
> or more between the two fiscal years.

  --------------------- ----------------- ----------------- -----------------
  **Performance-Based                                       
  Acquisitions (PBA) --                                     
  FY \_\_\_\_**                                             

  **Total Number of PBA **Percentage of   **Total PBA       **Percentage of
  Actions Awarded**     All Eligible      Dollars Obligated Eligible Total
                        Actions Awarded   (\$M)**           Dollars Obligated
                        that Used PBA                       (\$M) Using PBA
                        Methods**                           Methods**

                                                            
  --------------------- ----------------- ----------------- -----------------

> **B -- 4.** Any condition or action that has the effect of
> unnecessarily restricting the acquisition of commercial items or
> competition in the contract actions of the agency
>
> Specify what, if anything, hindered the acquisition of commercial
> items or use of competitive acquisition during the reporting period,
> particularly regarding contracts. ([NOTE]{.underline}: An example
> might include an inordinate number of urgent and compelling
> acquisitions for a high priority or politically sensitive program.)
> Indicate what steps were taken to remedy the situation and whether
> they were successful. If no steps were taken, provide an explanation.
>
> **B -- 5.** Opportunities and actions taken to improve the quality of
> planning, executing, and managing task and delivery orders
>
> Specify any steps taken, and their timing, to improve the overall
> planning, placement, and administration of task and delivery orders,
> such as: (i) strengthening Statements of Work (SOWs), PWSs, and
> technical evaluation criteria to generate more competition, better
> pricing, and measurable results for orders; (ii) reducing the number
> of noncompetitive follow-ons and time extensions; and (iii) providing
> longer proposal response times. ([NOTE]{.underline}: This includes
> task and delivery orders under any acquisition vehicle, not only
> OPDIV-awarded IDIQ contracts.) Identify specific actions taken in
> conjunction with the OPDIV Small Business Specialist to ensure that
> maximum prime and subcontract opportunities were provided to small and
> disadvantaged businesses. Indicate whether any steps taken were
> successful and, if so, the nature of the resulting improvement(s),
> including any impact on the competitive placement of task and delivery
> orders. If no steps were taken, provide an explanation.

**Section C: [New Initiatives for Future Reporting Period(s)
]{.underline}**

> **C -- 1.** New initiatives required to increase the acquisition of
> commercial items
>
> Indicate any steps that will be taken to foster the acquisition of
> commercial items and the approximate timeframe for initiating and
> completing each step. Explain whether any planned steps are intended
> to have a short or long-term positive impact on the acquisition of
> commercial items and, if so, how. If no steps are planned, provide an
> explanation.
>
> **C -- 2.** New initiatives required to increase competition
>
> Indicate any steps that will be taken to foster competitive
> acquisition and the approximate timeframe for initiating and
> completing each action. Explain whether any planned steps will have a
> short- or long-term impact on increasing competition and, if so, how.
> If no steps are planned, provide an explanation.
>
> **C -- 3.** New initiatives to ensure requirements are stated in terms
> of functions to be performed, performance required, or essential
> physical characteristics
>
> *For acquisitions that exceed \$25,000,* indicate any steps that will
> be taken, and the approximate timeframe for initiating and completing
> them, to increase the use and number of performance-based
> acquisitions, including any training to be provided or instructions to
> be issued on the development/use of PWSs or SOOs. If no steps are
> planned, provide an explanation.
>
> **C -- 4.** Any barriers to the acquisition of commercial items or
> competition that remain
>
> Specify what impediments, if any, remain regarding the acquisition of
> commercial items or use of competition. Indicate what steps will be
> taken to remedy or remove any impediments cited. If no steps are
> planned, provide an explanation.
>
> **C -- 5.** Other ways in which the agency has emphasized the
> acquisition of commercial items and competition in areas such as
> acquisition training and research
>
> Specify any other ways that the OPDIV has emphasized, or will
> emphasize, the acquisition of commercial items and use of competitive
> procedures. If no steps are planned, provide an explanation.
>
> **C -- 6.** New initiatives to improve the quality of planning,
> executing, and managing task and delivery orders
>
> Indicate any steps that will be taken to foster improvement in the
> overall planning, placement and administration of task and delivery
> orders and the approximate timeframe for initiating and completing
> each step. Explain whether any planned steps are intended to have a
> short or long-term positive impact on task and delivery orders and
> describe the intended impact, including any impact on the competitive
> placement of task and delivery orders. Identify specific actions to be
> taken in conjunction with the OPDIV Small Business Specialist to
> ensure that maximum prime and subcontract opportunities will be
> provided to small and disadvantaged businesses. If no steps are
> planned, provide an explanation.

**Section D: [Recommendations ]{.underline}**

> **D -- 1.** Recommendation regarding establishing OPDIV goals and
> plans for increasing competition on a fiscal year basis
>
> Specify for the next reporting period, the OPDIV's competitive
> percentage goals, how they were determined, their relationship to
> HHS-wide competitive percentage goals, and the plans/steps that will
> be taken to achieve them, including when they will be initiated and
> completed.
>
> **D -- 2.** Recommendation regarding establishing 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 acquisition
>
> Specify any steps that will be taken in the next reporting period and
> beyond to recognize and motivate acquisition and program staff and
> others to foster competition in the OPDIV's acquisitions, including
> use of incentive or awards programs or nominating exceptional
> employees or teams for awards associated with OFPP's Shine Initiative
> -- see <http://www.fai.gov/acm/awards.asp#shine>. Indicate when the
> steps will be initiated and completed. If no steps are planned,
> provide an explanation.

**Section E: [Additional Information/Data ]{.underline}**

> Provide a trend analysis and any other information or data not covered
> in any of the sections above to amplify the competition statistics and
> accomplishments/activities of the OPDIV and/or any lower-tier
> organization. ([NOTE]{.underline}: The trend analysis is in addition
> to the required information comparing the previous and current fiscal
> years under sections A and B.)

[^1]: As used in this template, "commercial items" includes "commercial
    services."