Overview
FAR 6.502 prescribes the specific mandates for Agency and Procuring Activity Advocates for Competition, focusing on their roles in promoting commerciality, maximizing full and open competition, and removing administrative or technical barriers to entry.
Key Rules
- Promotion of Commerciality and Competition: Advocates must actively promote the acquisition of commercial products and services and seek to achieve full and open competition in all contracting operations.
- Requirement Challenging: Advocates are tasked with challenging any requirements that are not stated in performance-based terms (functions to be performed or essential physical characteristics) or that contain unnecessarily restrictive Statements of Work (SOWs) and burdensome clauses.
- Mandatory Reporting: Agency advocates must submit an annual report to the Senior Procurement Executive and the Chief Acquisition Officer detailing activities, new initiatives to increase competition, and remaining barriers to the market.
- Oversight of Large Orders: Specific oversight is required for task and delivery orders exceeding $1.5 million issued under multiple-award contracts to ensure they are properly planned and comply with FAR 8.405 and 16.505.
- Accountability Systems: Advocates must recommend systems of personal and organizational accountability, which can include using awards and recognition to motivate Contracting Officers and Program Managers to support competitive goals.
Practical Implications
- Technical Justification: Program and technical offices should expect scrutiny from Advocates for Competition if specifications appear "brand name" or overly restrictive, as these officials are legally empowered to challenge non-performance-based requirements.
- Incentivizing Behavior: Because the FAR mandates a system of "accountability" and "awards," competition goals often flow directly into the annual performance reviews of government acquisition personnel.
- Data-Driven Strategy: The requirement for an annual report ensures that agency leadership is briefed on specific barriers to competition, often leading to agency-wide policy changes or increased training in areas where competition is lacking.