Overview
FAR Subpart 6.5 establishes the requirement for executive agencies to designate "Advocates for Competition" at both the agency and procuring activity levels. The primary purpose of these advocates is to serve as internal champions for full and open competition and to promote the acquisition of commercial products and services while challenging restrictive barriers within the procurement process.
Key Rules
- Mandatory Designation: Under 41 U.S.C. 1705, the head of each executive agency must appoint an advocate for competition for the agency and for each individual procuring activity.
- Organizational Independence: To avoid conflicts of interest, the advocate cannot be the agency’s Senior Procurement Executive (SPE) and must not hold duties inconsistent with their advocacy role.
- Resource Allocation: Agencies are required to provide advocates with sufficient staff and technical assistance, including specialists in engineering, finance, and small business utilization.
- Reporting Requirements: Agency advocates must submit an annual report to the SPE and the Chief Acquisition Officer (CAO) detailing initiatives to increase competition and identifying remaining barriers.
- Threshold Oversight: Advocates must specifically monitor and ensure compliance for task and delivery orders exceeding $1.5 million issued under multiple-award contracts.
Responsibilities
- Advocates for Competition (Agency & Procuring Activity):
- Promoting the use of commercial products and services.
- Challenging requirements that are not performance-based (i.e., those not stated in terms of functions or essential characteristics).
- Identifying and eliminating unnecessarily restrictive statements of work, detailed specifications, or burdensome contract clauses.
- Agency-Level Advocates:
- Reviewing agency-wide contracting operations and reporting opportunities for increased competition.
- Recommending annual fiscal year goals and plans for increasing competition.
- Recommending accountability systems that use recognition and awards to motivate Program Managers and Contracting Officers to prioritize competition.
- Agency Heads:
- Responsible for the formal designation of advocates and ensuring they have the necessary resources to function effectively.
Practical Implications
- Internal "Watchdog" Function: The Advocate for Competition acts as a check against "requirements creep" or "brand-name only" justifications. If a Program Manager writes a Statement of Work (SOW) that is so specific only one vendor can win, the Advocate is tasked with challenging that SOW.
- Commercial-First Strategy: Contractors offering commercial off-the-shelf (COTS) products have a regulatory ally in the Advocate, as the FAR explicitly tasks them with breaking down barriers to commercial acquisitions.
- Performance Metrics: Because the Advocate recommends accountability systems, competition levels often become part of the performance evaluations for Contracting Officers (COs) and Program Managers (PMs).
- Pre-Protest Resolution: For industry partners, the Advocate for Competition can sometimes serve as an informal resource to voice concerns about restrictive solicitations before resorting to a formal GAO or agency protest.