Title 41Public ContractsRelease 119-73not60

§1705 Advocates for Competition

Title 41 › Subtitle Subtitle I— Federal Procurement Policy › Chapter 17— AGENCY RESPONSIBILITIES AND PROCEDURES › § 1705

Last updated Apr 5, 2026|Official source

Summary

Each federal agency must have an advocate for competition. The agency head must pick one officer or employee for the whole agency and one for each buying office who was in an authorized position on July 18, 1984 (but not the senior procurement executive). The agency must not give these people duties that get in the way of their job. The agency must also give them staff help, like engineering, contracts, finance, supply, and small-business experts. The advocate must push for open and fair competition when the agency buys goods and services. They must review buying practices, tell the senior procurement executive about steps taken and anything that unnecessarily limits competition, and send an annual report about activities, new steps needed, and remaining barriers. They must recommend yearly competition goals and accountability plans (which can include awards), describe training and research efforts, and challenge things like overly tight need statements, too-specific specs, or needlessly heavy contract terms. Key roles: advocate for competition — employee who promotes competition; procuring activity — the office that buys things; senior procurement executive — the agency’s top buying official.

Full Legal Text

Title 41, §1705

Public Contracts — Source: USLM XML via OLRC

(a)(1)Each executive agency has 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 the executive agency on July 18, 1984 (other than the senior procurement executive designated pursuant to section 1702(c) of this title) to serve as the advocate for competition;
(B)not assign those officers or employees duties or responsibilities that are inconsistent with the duties and responsibilities of the advocates for competition; and
(C)provide those officers or employees with the staff or assistance necessary to carry out the duties and responsibilities of the advocate for competition, such as individuals who are specialists in engineering, technical operations, contract administration, financial management, supply management, and utilization of small and disadvantaged business concerns.
(b)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—
(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;
(4)prepare and transmit to the senior procurement executive an annual report describing—
(A)the advocate’s activities under this section;
(B)new initiatives required to increase competition; and
(C)remaining barriers to full and open competition;
(5)recommend to the senior procurement executive—
(A)goals and the plans for increasing competition on a fiscal year basis; and
(B)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
(6)describe other ways in which the executive agency has emphasized competition in programs for procurement training and research.
(c)The advocate for competition for each procuring activity is responsible for promoting full and open competition, promoting the acquisition of commercial products and commercial services, and challenging barriers to acquisition, including unnecessarily restrictive statements of need, unnecessarily detailed specifications, and unnecessarily burdensome contract clauses.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 170541:418.Pub. L. 93–400, § 20, as added Pub. L. 98–369, title VII, § 2732(a), July 18, 1984, 98 Stat. 1197; Pub. L. 103–355, title VIII, § 8303(a), Oct. 13, 1994, 108 Stat. 3398.

Editorial Notes

Amendments

2018—Subsec. (c). Pub. L. 115–232 substituted “commercial products and commercial services” for “commercial items”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a

Savings Provision

, see section 836(h) of Pub. L. 115–232, set out as an

Effective Date

of 2018 Amendment;

Savings Provision

note under section 453b of Title 6, Domestic Security.

Reference

Citations & Metadata

Citation

41 U.S.C. § 1705

Title 41Public Contracts

Last Updated

Apr 5, 2026

Release point: 119-73not60