41 U.S.C. § 1705 (PUBLIC CONTRACTS)
§ 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 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 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 responsibilities of the advocate for competition, such as individuals 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—
(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 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 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 emphasized 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.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3709; Pub. L. 115–232, div. A, title VIII, § 836(b)(2), Aug. 13, 2018, 132 Stat. 1861.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1705
41:418.
Pub. L. 93–400, § 20, as added Pub. L. 98–369, title VII, § 2732(a), July 18, 1984, 98 Stat. 1197; Pub. L. 103–355, title VIII, § 8303(a), Oct. 13, 1994, 108 Stat. 3398.
heading: Amendment of Subsection (c)
text: Pub. L. 115–232, div. A, title VIII, § 836(b)(2), (h), Aug. 13, 2018, 132 Stat. 1861, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, subsection (c) of this section is amended by striking “commercial items” and inserting “commercial products and commercial services”. See 2018 Amendment note below.
heading: Amendments
text: 2018—Subsec. (c). Pub. L. 115–232 substituted “commercial products and commercial services” for “commercial items”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.