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41 U.S.C. § 1705 — Advocates for competition
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and Designation.—**
(1) **Establishment.—** — Each executive agency has an advocate for competition.
(2) **Designation.—** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&edition=prelim)) 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) Duties and Functions.—** 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1705
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Stable record: federal_law:legal_authorities:record_usc_3318b29f96ad0b1945163aca
Source file: Laws/federal/codes/united-states-code/title-41/section-1705-advocates-for-competition--036f416a97.md
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Source location: Title 41, Chapter 17, § 1705; chapter-017-chapter-17.md
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**(a) Establishment and Designation.—**
(1) **Establishment.—** — Each executive agency has an advocate for competition.
(2) **Designation.—** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&edition=prelim)) 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) Duties and Functions.—** 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) Responsibilities.—** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal cause of action**
(1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers.
(2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller.
**(b) Special rules** In an action brought under this section for damages the following provisions apply:
(1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment.
(2) **Noneconomic damages**
(A) *In general* — Noneconomic damages may be awarde
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 453b
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Federal law — U.S. Code and appendices · legal_authorities
Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business procurements**
(1) **In general** — For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of—
(A) maintaining or mobilizing the full productive capacity of the United States;
(B) war or national defense programs; or
(C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns.
(2) **Industry category defined**
(A) *In general* — In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted—
(i) due to special capital equipment needs;
(ii) due to special labor requirements;
(iii) due to special geographic requirements, except as provided in subparagraph (B);
(iv) due to unique Federal buying patterns or requirements; or
(v) to recognize a new industry.
(B) *Exception for geographic requirements* — The Administrator may not further segment an industry category based on geographic requirements unless—
(i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed;
(ii) Governmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 644
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Federal law — U.S. Code and appendices · legal_authorities
Page 48
TITLE 41—PUBLIC CONTRACTS
§ 1705
Year 2009 (Public Law 110–417; 122 Stat. 4553)), to ad-
dress how the agencies are meeting their human cap-
ital requirements to support the timely and effective
acquisition of information technology.
‘‘(2) ELEMENTS.—The updates required by paragraph
(1) shall be submitted to the Administrator for Fed-
eral Procurement Policy and shall address, at a min-
imum, each Federal agency’s consideration or use of
the following procedures:
‘‘(A) Development of an information technology
acquisition cadre within the agency or use of
memoranda of understanding with other agencies
that have such cadres or personnel with experience
relevant to the agency’s information technology ac-
quisition needs.
‘‘(B) Development of personnel assigned to infor-
mation technology acquisitions, including cross-
functional training of acquisition information tech-
nology and program personnel.
‘‘(C) Use of the specialized career path for infor-
mation technology program managers as des-
ignated by the Office of Personnel Management and
plans for strengthening information technology
program management.
‘‘(D) Use of direct hire authority.
‘‘(E) Conduct of peer reviews.
‘‘(F) Piloting of innovative approaches to infor-
mation technology acquisition workforce develop-
ment, such as industry-government rotations.
‘‘(c) FEDERAL AGENCY DEFINED.—In this section, the
term ‘Federal agency’ means each agency listed in sec-
tion 901(b) of title 31, United States Code.’’
§ 1705. Advocates for competition
(a) ESTABLISHMENT AND DESIGNATION.—
(1) ESTABLISHMENT.—Each executive agency
has an advocate for competition.
(2) DESIGNATION.—The head of each executive
agency shall—
(A) designate for the executive agency and
for each procuring activity of the exe
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1705
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.