Overview
This section mandates that every executive agency appoint dedicated advocates for competition at both the agency and procuring activity levels to promote full and open competition. It establishes specific organizational safeguards and resource requirements to ensure these advocates can perform their duties independently and effectively.
Key Rules
- Mandatory Designation: Per 41 U.S.C. 1705, agency heads must designate an advocate for competition for the agency and for each individual procuring activity.
- Organizational Independence: The advocate cannot hold the position of the agency’s Senior Procurement Executive (SPE).
- Conflict of Interest Prevention: Advocates must not be assigned any duties that conflict with their primary responsibilities for promoting competition as defined in FAR 6.502.
- Resource Support: Agencies are required to provide advocates with necessary staff and technical assistance from various fields, including engineering, finance, and small business utilization.
Practical Implications
- This creates an internal "watchdog" system designed to challenge sole-source justifications and overly restrictive specifications that limit competition.
- Contracting officers must interact with these advocates when seeking approval for certain non-competitive actions, ensuring that "competition" is a prioritized metric rather than just a procedural hurdle.