H. R. 1107—32 
on warranted contracting officers and program managers of 
the agency. 
(2) CONTENT OF PLAN.—The acquisition workforce succession 
plan shall address— 
(A) recruitment goals for personnel from procurement 
intern programs; 
(B) the agency’s acquisition workforce training needs; 
(C) actions to retain high performing acquisition profes-
sionals who possess critical relevant skills; 
(D) recruitment goals for personnel from the Federal 
Career Intern Program; and 
(E) recruitment goals for personnel from the Presidential 
Management Fellows Program. 
(g) ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.— 
(1) PURPOSE.—The purpose of this subsection is to authorize 
the preparation and completion of the Acquisition Workforce 
Development Strategic Plan, which is a plan for Federal agen-
cies other than the Department of Defense to— 
(A) develop a specific and actionable 5-year plan to 
increase the size of the acquisition workforce; and 
(B) operate a government-wide acquisition intern pro-
gram for the Federal agencies. 
(2) ESTABLISHMENT OF PLAN.—The Associate Administrator 
shall be responsible for the management, oversight, and 
administration of the Acquisition Workforce Development Stra-
tegic Plan in cooperation and consultation with the Office of 
Federal Procurement Policy and with the assistance of the 
Federal Acquisition Institute. 
(3) CRITERIA.—The Acquisition Workforce Development Stra-
tegic Plan shall include an examination of the following mat-
ters: 
(A) The variety and complexity of acquisitions conducted 
by each Federal agency covered by the plan, and the 
workforce needed to effectively carry out the acquisitions. 
(B) The development of a sustainable funding model to 
support efforts to hire, retain, and train an acquisition 
workforce of appropriate size and skill to effectively carry 
out the acquisition programs of the Federal agencies cov-
ered by the plan, including an examination of interagency 
funding methods and a discussion of how the model of 
the Defense Acquisition Workforce Development Fund 
could be applied to civilian agencies. 
(C) Any strategic human capital planning necessary to 
hire, retain, and train an acquisition workforce of appro-
priate size and skill at each Federal agency covered by 
the plan. 
(D) Methodologies that Federal agencies covered by the 
plan can use to project future acquisition workforce per-
sonnel hiring requirements, including an appropriate dis-
tribution of such personnel across each category of positions 
designated as acquisition workforce personnel under section 
1703(g) of this title. 
(E) Government-wide training standards and certification 
requirements necessary to enhance the mobility and career 
opportunities of the Federal acquisition workforce within 
the Federal agencies covered by the plan. 
(F) If the Associate Administrator recommends as part 
of the plan a growth in the acquisition workforce of the
H. R. 1107—33 
Federal agencies covered by the plan below 25 percent 
over the next 5 years, an examination of each of the matters 
specified in subparagraphs (A) to (E) in the context of 
a 5-year plan that increases the size of such acquisition 
workforce by not less than 25 percent, or an explanation 
why such a level of growth would not be in the best interest 
of the Federal Government. 
(4) DEADLINE FOR COMPLETION.—The Acquisition Workforce 
Development Strategic Plan shall be completed not later than 
one year after October 14, 2008, and in a fashion that allows 
for immediate implementation of its recommendations and 
guidelines. 
(5) FUNDS.—The acquisition workforce development strategic 
plan shall be funded from the acquisition workforce training 
fund under section 1703(i) of this title. 
(h) 
TRAINING
IN
THE
ACQUISITION
OF
ARCHITECT
AND 
ENGINEERING SERVICES.—The Administrator shall ensure that a 
sufficient number of Federal employees are trained in the acquisi-
tion of architect and engineering services. 
(i) UTILIZATION OF RECRUITMENT AND RETENTION AUTHORITIES.— 
The Administrator, in coordination with the Director of the Office 
of Personnel Management, shall encourage executive agencies to 
use existing authorities, including direct hire authority and tuition 
assistance programs, to recruit and retain acquisition personnel 
and consider recruiting acquisition personnel who may be retiring 
from the private sector, consistent with existing laws and regula-
tions. 
§ 1705. Advocates for competition 
(a) ESTABLISHMENT AND DESIGNATION.— 
(1) ESTABLISHMENT.—Each executive agency has an advocate 
for competition. 
(2) DESIGNATION.—The head of each executive agency shall— 
(A) designate for the executive agency and for each pro-
curing 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; 
(B) not assign those officers or employees duties or 
responsibilities that are inconsistent with the duties and 
responsibilities of the advocates for competition; and 
(C) provide those officers or employees with the staff 
or assistance necessary to carry out the duties and respon-
sibilities of the advocate for competition, such as individ-
uals who are specialists in engineering, technical oper-
ations, contract administration, financial management, 
supply management, and utilization of small and disadvan-
taged 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—
H. R. 1107—34 
(A) opportunities and actions taken to achieve full and 
open competition in the procurement activities of the execu-
tive agency; and 
(B) any condition or action which has the effect of 
unnecessarily restricting competition in the procurement 
actions of the executive agency; 
(4) prepare and transmit to the senior procurement executive 
an annual report describing— 
(A) the advocate’s activities under this section; 
(B) new initiatives required to increase competition; and 
(C) remaining barriers to full and open competition; 
(5) recommend to the senior procurement executive— 
(A) goals and the plans for increasing competition on 
a fiscal year basis; and 
(B) a system of personal and organizational account-
ability for competition, which may include the use of rec-
ognition and awards to motivate program managers, con-
tracting officers, and others in authority to promote com-
petition in procurement programs; and 
(6) 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 pro-
curing activity is responsible for promoting full and open competi-
tion, promoting the acquisition of commercial items, and challenging 
barriers to acquisition, including unnecessarily restrictive state-
ments of need, unnecessarily detailed specifications, and unneces-
sarily burdensome contract clauses. 
§ 1706. Personnel evaluation 
The head of each executive agency subject to division C shall 
ensure, with respect to the employees of that agency whose primary 
duties and responsibilities pertain to the award of contracts subject 
to the provisions of the Small Business and Federal Procurement 
Competition Enhancement Act of 1984 (Public Law 98–577, 98 
Stat. 3066), that the performance appraisal system applicable to 
those employees affords appropriate recognition to, among other 
factors, efforts to— 
(1) increase competition and achieve cost savings through 
the elimination of procedures that unnecessarily inhibit full 
and open competition; 
(2) further the purposes of the Small Business and Federal 
Procurement Competition Enhancement Act of 1984 (Public 
Law 98–577, 98 Stat. 3066) and the Defense Procurement 
Reform Act of 1984 (Public Law 98–525, title XII, 98 Stat. 
2588); and 
(3) further other objectives and purposes of the Federal 
acquisition system authorized by law. 
§ 1707. Publication of proposed regulations 
(a) COVERED POLICIES, REGULATIONS, PROCEDURES, AND FORMS.— 
(1) REQUIRED COMMENT PERIOD.—Except as provided in sub-
section (d), a procurement policy, regulation, procedure, or form 
(including an amendment or modification thereto) may not 
take effect until 60 days after it is published for public comment 
in the Federal Register pursuant to subsection (b) if it— 
(A) relates to the expenditure of appropriated funds; 
and
H. R. 1107—35 
(B)(i) has a significant effect beyond the internal oper-
ating procedures of the agency issuing the policy, regula-
tion, procedure, or form; or 
(ii) has a significant cost or administrative impact on 
contractors or offerors. 
(2) EXCEPTION.—A policy, regulation, procedure, or form may 
take effect earlier than 60 days after the publication date 
when there are compelling circumstances for the earlier effec-
tive date, but the effective date may not be less than 30 days 
after the publication date. 
(b) PUBLICATION IN FEDERAL REGISTER AND COMMENT PERIOD.— 
Subject to subsection (c), the head of the agency shall have pub-
lished in the Federal Register a notice of the proposed procurement 
policy, regulation, procedure, or form and provide for a public com-
ment period for receiving and considering the views of all interested 
parties on the proposal. The length of the comment period may 
not be less than 30 days. 
(c) CONTENTS
OF NOTICE.—Notice of a proposed procurement 
policy, regulation, procedure, or form prepared for publication in 
the Federal Register shall include— 
(1) the text of the proposal or, if it is impracticable to publish 
the full text of the proposal, a summary of the proposal and 
a statement specifying the name, address, and telephone 
number of the officer or employee of the executive agency 
from whom the full text may be obtained; and 
(2) a request for interested parties to submit comments on 
the proposal and the name and address of the officer or 
employee of the Federal Government designated to receive the 
comments. 
(d) WAIVER.—The requirements of subsections (a) and (b) may 
be waived by the officer authorized to issue a procurement policy, 
regulation, procedure, or form if urgent and compelling cir-
cumstances make compliance with the requirements impracticable. 
(e) EFFECTIVENESS
OF POLICY, REGULATION, PROCEDURE, OR 
FORM.— 
(1) TEMPORARY
BASIS.—A procurement policy, regulation, 
procedure, or form for which the requirements of subsections 
(a) and (b) are waived under subsection (d) is effective on 
a temporary basis if— 
(A) a notice of the policy, regulation, procedure, or form 
is published in the Federal Register and includes a state-
ment that the policy, regulation, procedure, or form is 
temporary; and 
(B) provision is made for a public comment period of 
30 days beginning on the date on which the notice is 
published. 
(2) FINAL POLICY, REGULATION, PROCEDURE, OR FORM.—After 
considering the comments received, the head of the agency 
waiving the requirements of subsections (a) and (b) under sub-
section (d) may issue the final procurement policy, regulation, 
procedure, or form. 
§ 1708. Procurement notice 
(a) NOTICE REQUIREMENT.—Except as provided in subsection (b)— 
(1) an executive agency intending to solicit bids or proposals 
for a contract for property or services for a price expected 
to exceed $10,000, but not to exceed $25,000, shall post, for 
not less than 10 days, in a public place at the contracting