6.502 Duties and responsibilities
Source: FAR 6.502 on acquisition.gov
Agency advocates for competition must proactively promote commercial acquisitions and full and open competition, regularly review contracting practices, and report on barriers and initiatives to senior leadership.
Overview
FAR 6.502 outlines the specific duties and responsibilities of agency and procuring activity advocates for competition. These advocates play a critical role in promoting the acquisition of commercial products and services, ensuring full and open competition, and challenging unnecessary barriers in the procurement process. The regulation details both the proactive and reporting obligations of advocates, including reviewing contracting operations, identifying restrictive practices, and submitting annual reports to senior agency officials. It also emphasizes the need for accountability systems and the development of initiatives to increase competition and commercial acquisitions.
Key Rules
- Promotion of Commercial Products/Services and Competition
- Advocates must actively promote the acquisition of commercial products/services and full and open competition, and challenge requirements or barriers that unnecessarily restrict these goals.
- Review and Reporting
- Agency advocates must review contracting operations, identify restrictive practices, and report findings and actions to senior procurement officials.
- Annual Reporting
- Advocates are required to submit an annual report detailing activities, new initiatives, remaining barriers, and compliance with planning and issuing large task/delivery orders.
- Recommendations for Improvement
- Advocates must recommend goals, plans, and accountability systems to increase competition and recognize those who promote it.
Responsibilities
- Contracting Officers: Must cooperate with advocates, address challenges to restrictive requirements, and support competition initiatives.
- Contractors: Should be aware that advocates may challenge restrictive requirements and promote competition, potentially impacting solicitation terms.
- Agencies: Must support advocates, ensure reporting, and implement accountability and recognition systems for competition.
Practical Implications
- This section ensures agencies are proactive in removing unnecessary barriers to competition and commercial acquisition.
- It impacts daily contracting by requiring regular review, reporting, and accountability for competitive practices.
- Common pitfalls include failing to address unnecessarily restrictive requirements or not properly documenting competition advocacy activities.
(a) Agency and procuring activity advocates for competition are responsible for—
(1)Promoting the acquisition of commercial products and commercial services;
(2)Promoting full and open competition;
(3)Challenging requirements that are not stated in terms of functions to be performed, performance required, or essential physical characteristics;
(4)Challenging barriers to the acquisition of commercial products and commercial services; and
(5)Challenging barriers to full and open competition such as unnecessarily restrictive statements of work, unnecessarily detailed specifications, and unnecessarily burdensome contract clauses.
(b) Agency advocates for competition shall—
(1) Review the contracting operations of the agency and identify and report to the agency senior procurement executive and the chief acquisition officer–
(i) Opportunities and actions taken to acquire commercial products and commercial services to meet the needs of the agency;
(ii) Opportunities and actions taken to achieve full and open competition in the contracting operations of the agency;
(iii) Actions taken to challenge requirements that are not stated in terms of functions to be performed, performance required or essential physical characteristics;
(iv) Any condition or action that has the effect of unnecessarily restricting the acquisition of commercial products or commercial services or unnecessarily restricting competition in the contract actions of the agency;
(2) Prepare and submit an annual report to the agency senior procurement executive and the chief acquisition officer in accordance with agency procedures, describing–
(i) Such advocate’s activities under this subpart;
(ii) New initiatives required to increase the acquisition of commercial products and commercial services;
(iii) New initiatives required to increase competition;
(iv) New initiatives to ensure requirements are stated in terms of functions to be performed, performance required or essential physical characteristics;
(v) Any barriers to the acquisition of commercial products, commercial services, or competition that remain;
(vi) Other ways in which the agency has emphasized the acquisition of commercial products, commercial services, and competition in areas such as acquisition training and research; and
(vii) Initiatives that ensure task and delivery orders over $1.5 million issued under multiple award contracts are properly planned, issued, and comply with 8.405 and 16.505.
(3) Recommend goals and plans for increasing competition on a fiscal year basis to the agency senior procurement executive and the chief acquisition officer; and
(4) Recommend to the agency senior procurement executive and the chief acquisition officer 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 acquisition.