§ 418. — Advocates for competition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC418]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 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) 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) 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 \1\
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\1\ So in original. The word ``and'' probably should not appear.
(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.
(Pub. L. 93-400, Sec. 20, as added Pub. L. 98-369, div. B, title VII,
Sec. 2732(a), July 18, 1984, 98 Stat. 1197; amended Pub. L. 103-355,
title VIII, Sec. 8303(a), Oct. 13, 1994, 108 Stat. 3398.)
Amendments
1994--Subsec. (c). Pub. L. 103-355 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ``The advocate for
competition for each procuring activity shall be responsible for
challenging barriers to and promoting full and open competition in the
procuring activity, including unnecessarily detailed specifications and
unnecessarily restrictive statements of need.''
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under
section 251 of this title.
Effective Date
Section applicable to any solicitation for bids or proposals issued
after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as an
Effective Date of 1984 Amendment note under section 251 of this title.
Section Referred to in Other Sections
This section is referred to in title 10 section 2318.
