(A) Government-wide task and delivery-order contracts entered 
into under sections 4103 and 4105 of this title. 
(B) Government-wide contracts for the acquisition of informa-
tion technology as defined in section 11101 of title 40 and multi-
agency acquisition contracts for that technology authorized by sec-
tion 11314 of title 40. 
(C) multiple-award schedule contracts entered into by the Ad-
ministrator of General Services. 
(4) REMITTANCE BY HEAD OF EXECUTIVE AGENCY.—The head of an 
executive agency that administers a contract described in paragraph (3) 
shall remit to the General Services Administration the amount required 
to be credited to the fund with respect to the contract at the end of 
each quarter of the fiscal year. 
(5) TRANSFER AND USE OF FEES COLLECTED FROM DEPARTMENT 
OF DEFENSE.—The Administrator of General Services shall transfer to 
the Secretary of Defense fees collected from the Department of Defense 
pursuant to paragraph (3). The Defense Acquisition University shall 
use the fees for acquisition workforce training. 
(6) AMOUNTS NOT TO BE USED FOR OTHER PURPOSES.—The Ad-
ministrator of General Services, through the Office of Federal 
Procurememt Policy, shall ensure that amounts collected for training 
under this subsection are not used for a purpose other than the pur-
pose specified in paragraph (2). 
(7) AMOUNTS ARE IN ADDITION TO OTHER AMOUNTS FOR EDU-
CATION AND TRAINING.—Amounts credited to the fund are in addition 
to amounts requested and appropriated for education and training re-
ferred to in subsection (h)(1). 
(8) AVAILABILITY OF AMOUNTS.—Amounts credited to the fund re-
main available to be expended only in the fiscal year for which they 
are credited and the 2 succeeding fiscal years. 
(9) EXPIRATION.—This subsection ceases to be effective 5 years 
after November 24, 2003. 
(j) RECRUITMENT PROGRAM.— 
(1) SHORTAGE
CATEGORY
POSITIONS.—For purposes of sections 
3304, 5333, and 5753 of title 5, the head of a department or agency 
of the Federal Government (other than the Secretary of Defense) may 
determine, under regulations prescribed by the Office of Personnel 
Management, that certain Federal acquisition positions (as described in 
subsection (g)(1)(A)) are shortage category positions in order to use 
the authorities in those sections to recruit and appoint highly qualified 
individuals directly to those positions in the department or agency. 
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(2) REPORT.—Not later than March 31, 2007, the Director of the 
Office of Personnel Management, in consultation with the Adminis-
trator, shall submit to Congress a report on the implementation of this 
subsection. The report shall include— 
(A) a list of the departments and agencies that exercised the au-
thority provided in this subsection and whether the exercise of the 
authority was carried out in accordance with the regulations of the 
Office of Personnel Management; 
(B) the Director’s assessment of the efficacy of the exercise of 
the authority provided in this subsection in attracting employees 
with unusually high qualifications to the acquisition workforce; 
and 
(C) recommendations the Director considers appropriate on 
whether the authority to carry out the program should be ex-
tended. 
(3) TERMINATION OF AUTHORITY.—The head of a department or 
agency may not appoint an individual to a position of employment 
under this subsection after September 30, 2007. 
§ 1704. 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 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 com-
petition; 
(B) not assign those officers or employees duties or responsibil-
ities that are inconsistent with the duties and responsibilities of 
the advocates for competition; and 
(C) provide those officers or employees with the staff or assist-
ance 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, fi-
nancial management, supply management, and utilization of small 
and disadvantaged business concerns. 
(b) DUTIES AND FUNCTIONS.—The advocate for competition of an execu-
tive agency shall— 
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(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 ex-
ecutive agency— 
(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; 
(4) prepare and transmit to the senior procurement executive an an-
nual 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 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 
(6) describe other ways in which the executive agency has empha-
sized competition in programs for procurement training and research. 
(c) RESPONSIBILITIES.—The advocate for competition for each procuring 
activity is responsible for promoting full and open competition, promoting 
the acquisition of commercial items, and challenging barriers to acquisition, 
including unnecessarily restrictive statements of need, unnecessarily detailed 
specifications, and unnecessarily burdensome contract clauses. 
§ 1705. Personnel evaluation 
The head of each executive agency subject to part C shall ensure, with 
respect to the employees of that agency whose primary duties and respon-
sibilities 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— 
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(1) increase competition and achieve cost savings through the elimi-
nation of procedures that unnecessarily inhibit full and open competi-
tion; 
(2) further the purposes of the Small Business and Federal Procure-
ment 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. 
§ 1706. Publication of proposed regulations 
(a) COVERED POLICIES, REGULATIONS, PROCEDURES, AND FORMS.— 
(1) REQUIRED COMMENT PERIOD.—Except as provided in subsection 
(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 pursu-
ant to subsection (b) if it— 
(A) relates to the expenditure of appropriated amounts; and 
(B)(i) has a significant effect beyond the internal operating pro-
cedures of the agency issuing the policy, regulation, procedure, or 
form; or 
(ii) has a significant cost or administrative impact on contrac-
tors 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 effective date, but the effective 
date may not be less than 30 days after the publication date. 
(b) PUBLICATION IN FEDERAL REGISTER AND COMMENT PERIOD.—Sub-
ject to subsection (c), the head of the agency shall have published in the 
Federal Register a notice of the proposed procurement policy, regulation, 
procedure, or form and provide for a public comment 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 Reg-
ister 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 ob-
tained; and 
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