41 U.S.C. § 1704 — Planning and policy-making for acquisi-

Page 45 TITLE 41—PUBLIC CONTRACTS § 1704 ‘‘(A) allow executive agencies to incorporate the training program into existing agency training pro- grams; and ‘‘(B) provide guidance on how to identify execu- tive agency officials with supply chain risk man- agement responsibilities. ‘‘(2) AVAILABILITY.—The Director of the Office of Management and Budget shall make the guidance promulgated under paragraph (1) available to Federal agencies of the legislative and judicial branches. ‘‘SEC. 3. REPORTS ON IMPLEMENTATION OF PRO- GRAM. ‘‘Not later than 180 days after the completion of the first course, and annually thereafter for the next three years, the Administrator of General Services shall sub- mit to the appropriate congressional committees and leadership a report on implementation of the training program required under section 2. ‘‘SEC. 4. DEFINITIONS. ‘‘In this Act: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate; and ‘‘(B) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] and the Committee on Armed Services of the House of Representatives. ‘‘(2) INFORMATION AND COMMUNICATIONS TECH- NOLOGY.—The term ‘information and communications technology’ has the meaning given the term in sec- tion 4713(k) of title 41, United States Code. ‘‘(3) EXECUTIVE AGENCY.—The term ‘executive agen- cy’ has the meaning given the term in section 133 of title 41, United States Code. ‘‘(4) FEDERAL AGENCY.—The term ‘Federal agency’ means any agency, committee, commission, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government. ‘‘(5) TRAINING PROGRAM.—The term ‘training pro- gram’ means the training program developed pursu- ant to section 2(a).’’ EFFECTIVE COMMUNICATION BETWEEN GOVERNMENT AND INDUSTRY Pub. L. 114–92, div. A, title VIII, § 887, Nov. 25, 2015, 129 Stat. 949, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Nov. 25, 2015], the Federal Acquisition Regulatory Council shall prescribe a regulation making clear that agency acquisition per- sonnel are permitted and encouraged to engage in re- sponsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair com- petitive advantage to particular firms.’’ TRAINING FOR CONTRACTING AND ENFORCEMENT PERSONNEL Pub. L. 111–240, title I, § 1343(a), Sept. 27, 2010, 124 Stat. 2545, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Sept. 27, 2010], the Federal Acquisition Institute, in consultation with the Administrator for Federal Procurement Policy, the De- fense Acquisition University, and the Administrator [of the Small Business Administration], shall develop courses for acquisition personnel concerning proper classification of business concerns and small business size and status for purposes of Federal contracts, sub- contracts, grants, cooperative agreements, and cooper- ative research and development agreements.’’ DEFENSE ACQUISITION UNIVERSITY FUNDING Pub. L. 109–163, div. A, title VIII, § 821(c), Jan. 6, 2006, 119 Stat. 3386, provided that: ‘‘Amounts transferred under section 37(h)(3)(D) of the Office of Federal Pro- curement Policy Act [now 41 U.S.C. 1703(i)(5)] (as amended by subsection (a)) for use by the Defense Ac- quisition University shall be in addition to other amounts authorized for the University.’’ ENHANCED SYSTEM OF PERFORMANCE INCENTIVES Pub. L. 103–355, title V, § 5051(c), Oct. 13, 1994, 108 Stat. 3351, provided that: ‘‘Within one year after the date of the enactment of this Act [Oct. 13, 1994], the Deputy Di- rector for Management of the Office of Management and Budget, in consultation with appropriate officials in other departments and agencies of the Federal Gov- ernment, shall, to the maximum extent consistent with applicable law— ‘‘(1) establish policies and procedures for the heads of such departments and agencies to designate acqui- sition positions and manage employees (including the accession, education, training and career develop- ment of employees) in the designated acquisition po- sitions; and ‘‘(2) review the incentives and personnel actions available to the heads of departments and agencies of the Federal Government for encouraging excellence in the acquisition workforce of the Federal Govern- ment and provide an enhanced system of incentives for the encouragement of excellence in such work- force which— ‘‘(A) relates pay to performance (including the ex- tent to which the performance of personnel in such workforce contributes to achieving the cost goals, schedule goals, and performance goals established for acquisition programs pursuant to section 313(b) of the Federal Property and Administrative Serv- ices Act of 1949, as added by subsection (a) [now 41 U.S.C. 3103(b)]); and ‘‘(B) provides for consideration, in personnel eval- uations and promotion decisions, of the extent to which the performance of personnel in such work- force contributes to achieving such cost goals, schedule goals, and performance goals.’’ § 1704. Planning and policy-making for acquisi- tion workforce (a) DEFINITIONS.—In this section: (1) ASSOCIATE ADMINISTRATOR.—The term ‘‘Associate Administrator’’ means the Asso- ciate Administrator for Acquisition Workforce Programs as designated by the Administrator pursuant to subsection (b). (2) CHIEF ACQUISITION OFFICER.—The term ‘‘Chief Acquisition Officer’’ means a Chief Ac- quisition Officer for an executive agency ap- pointed pursuant to section 1702 of this title. (b) ASSOCIATE ADMINISTRATOR FOR ACQUISITION WORKFORCE PROGRAMS.—The Administrator shall designate a member of the Senior Execu- tive Service as the Associate Administrator for Acquisition Workforce Programs. The Associate Administrator shall be chosen on the basis of demonstrated knowledge and expertise in acqui- sition, human capital, and management. The As- sociate Administrator shall be located in the Of- fice of Federal Procurement Policy. The Asso- ciate Administrator shall be responsible for— (1) supervising the acquisition workforce training fund established under section 1703(i) of this title; (2) developing, in coordination with Chief Acquisition Officers and Chief Human Capital Officers, a strategic human capital plan for the acquisition workforce of the Federal Gov- ernment; (3) reviewing and providing input to indi- vidual agency acquisition workforce succes- sion plans; Page 46 TITLE 41—PUBLIC CONTRACTS § 1704 (4) recommending to the Administrator and other senior government officials appropriate programs, policies, and practices to increase the quantity and quality of the Federal acqui- sition workforce; (5) implementing workforce programs under subsections (f) through (l) of section 1703 of this title; and (6) carrying out other functions that the Ad- ministrator may assign. (c) ACQUISITION AND CONTRACTING TRAINING PROGRAMS WITHIN EXECUTIVE AGENCIES.— (1) CHIEF ACQUISITION OFFICER AUTHORITIES AND RESPONSIBILITIES.—Subject to the author- ity, direction, and control of the head of an ex- ecutive agency, the Chief Acquisition Officer for that agency shall carry out all powers, functions, and duties of the head of the agency with respect to implementation of this sub- section. The Chief Acquisition Officer shall en- sure that the policies established by the head of the agency in accordance with this sub- section are implemented throughout the agen- cy. (2) REQUIREMENT.—The head of each execu- tive agency, after consultation with the Asso- ciate Administrator, shall establish and oper- ate acquisition and contracting training pro- grams. The programs shall— (A) have curricula covering a broad range of acquisition and contracting disciplines corresponding to the specific acquisition and contracting needs of the agency involved; (B) be developed and applied according to rigorous standards; and (C) be designed to maximize efficiency, through the use of self-paced courses, online courses, on-the-job training, and the use of remote instructors, wherever those features can be applied without reducing the effec- tiveness of the training or negatively affect- ing academic standards. (d) GOVERNMENT-WIDE POLICIES AND EVALUA- TION.—The Administrator shall issue policies to promote the development of performance stand- ards for training and uniform implementation of this section by executive agencies, with due re- gard for differences in program requirements among agencies that may be appropriate and warranted in view of the agency mission. The Administrator shall evaluate the implementa- tion of the provisions of subsection (c) by execu- tive agencies. (e) INFORMATION ON ACQUISITION AND CON- TRACTING TRAINING.—The Administrator shall ensure that the heads of executive agencies col- lect and maintain standardized information on the acquisition and contracting workforce re- lated to the implementation of subsection (c). (f) ACQUISITION WORKFORCE HUMAN CAPITAL SUCCESSION PLAN.— (1) IN GENERAL.—Each Chief Acquisition Offi- cer for an executive agency shall develop, in consultation with the Chief Human Capital Of- ficer for the agency and the Associate Admin- istrator, a succession plan consistent with the agency’s strategic human capital plan for the recruitment, development, and retention of the agency’s acquisition workforce, with a particular focus on warranted contracting offi- cers and program managers of the agency. (2) CONTENT OF PLAN.—The acquisition work- force succession plan shall address— (A) recruitment goals for personnel from procurement intern programs; (B) the agency’s acquisition workforce training needs; (C) actions to retain high performing ac- quisition professionals who possess critical relevant skills; (D) recruitment goals for personnel from the Federal Career Intern Program; and (E) recruitment goals for personnel from the Presidential Management Fellows Pro- gram. (g) ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.— (1) PURPOSE.—The purpose of this subsection is to authorize the preparation and completion of the Acquisition Workforce Development Strategic Plan, which is a plan for Federal agencies other than the Department of De- fense to— (A) develop a specific and actionable 5-year plan to increase the size of the acquisition workforce; and (B) operate a government-wide acquisition intern program for the Federal agencies. (2) ESTABLISHMENT OF PLAN.—The Associate Administrator shall be responsible for the management, oversight, and administration of the Acquisition Workforce Development Stra- tegic Plan in cooperation and consultation with the Office of Federal Procurement Policy and with the assistance of the Federal Acqui- sition Institute. (3) CRITERIA.—The Acquisition Workforce Development Strategic Plan shall include an examination of the following matters: (A) The variety and complexity of acquisi- tions conducted by each Federal agency cov- ered by the plan, and the workforce needed to effectively carry out the acquisitions. (B) The development of a sustainable fund- ing model to support efforts to hire, retain, and train an acquisition workforce of appro- priate size and skill to effectively carry out the acquisition programs of the Federal agencies covered by the plan, including an examination of interagency funding methods and a discussion of how the model of the De- fense Acquisition Workforce Development Fund could be applied to civilian agencies. (C) Any strategic human capital planning necessary to hire, retain, and train an acqui- sition workforce of appropriate size and skill at each Federal agency covered by the plan. (D) Methodologies that Federal agencies covered by the plan can use to project future acquisition workforce personnel hiring re- quirements, including an appropriate dis- tribution of such personnel across each cat- egory of positions designated as acquisition workforce personnel under section 1703(g) of this title. (E) Government-wide training standards and certification requirements necessary to enhance the mobility and career opportuni- ties of the Federal acquisition workforce within the Federal agencies covered by the plan. Page 47 TITLE 41—PUBLIC CONTRACTS § 1704 (F) If the Associate Administrator rec- ommends as part of the plan a growth in the acquisition workforce of the Federal agen- cies covered by the plan below 25 percent over the next 5 years, an examination of each of the matters specified in subpara- graphs (A) to (E) in the context of a 5-year plan that increases the size of such acquisi- tion workforce by not less than 25 percent, or an explanation why such a level of growth would not be in the best interest of the Fed- eral Government. (4) DEADLINE FOR COMPLETION.—The Acquisi- tion Workforce Development Strategic Plan shall be completed not later than one year after October 14, 2008, and in a fashion that al- lows for immediate implementation of its rec- ommendations and guidelines. (5) FUNDS.—The acquisition workforce devel- opment strategic plan shall be funded from the acquisition workforce training fund under sec- tion 1703(i) of this title. (h) TRAINING IN THE ACQUISITION OF ARCHITECT AND ENGINEERING SERVICES.—The Administrator shall ensure that a sufficient number of Federal employees are trained in the acquisition of ar- chitect and engineering services. (i) UTILIZATION OF RECRUITMENT AND RETEN- TION AUTHORITIES.—The Administrator, in co- ordination with the Director of the Office of Personnel Management, shall encourage execu- tive agencies to use existing authorities, includ- ing direct hire authority and tuition assistance programs, to recruit and retain acquisition per- sonnel and consider recruiting acquisition per- sonnel who may be retiring from the private sec- tor, consistent with existing laws and regula- tions. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3706; Pub. L. 111–383, div. A, title X, § 1075(e)(15), Jan. 7, 2011, 124 Stat. 4375; Pub. L. 112–81, div. A, title VIII, § 864(a), Dec. 31, 2011, 125 Stat. 1522; Pub. L. 112–239, div. A, title X, § 1076(a)(14), Jan. 2, 2013, 126 Stat. 1948.) AMENDMENTS NOT SHOWN IN TEXT Subsec. (g) of this section was derived from Pub. L. 110–417, [div. A], title VIII, § 869, Oct. 14, 2008, 122 Stat. 4553, which was set out as a note under section 433a of former Title 41, Pub- lic Contracts, prior to being repealed and reen- acted as subsec. (g) of this section by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. Section 869 of Pub. L. 110–417 was amend- ed by Pub. L. 111–383, div. A, title X, § 1075(e)(15), Jan. 7, 2011, 124 Stat. 4375. For ap- plicability of that amendment to this section, see section 6(a) of Pub. L. 111–350, set out as a Transitional and Savings Provisions note pre- ceding section 101 of this title. Section 869 of Pub. L. 110–417 was amended as follows: (1) in subsection (b), by striking ‘‘433(a)’’ and inserting ‘‘433a(a)’’; and (2) in subsection (c)(4)— (A) by striking ‘‘37(j)’’ and inserting ‘‘37(g)’’; and (B) by striking ‘‘433(j)’’ and inserting ‘‘433(g)’’. Such references did not appear in the text of subsec. (g) as enacted. See Historical and Revi- sion Notes below. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1704(a)(1) .... no source. 1704(a)(2) .... 41:433a(h). Pub. L. 110–181, div. A, title VIII, § 855, Jan. 28, 2008, 122 Stat. 251. 1704(b)–(f) .. 41:433a(a)–(e). 1704(g) ........ 41:433a note. Pub. L. 110–417, [div. A], title VIII, § 869, Oct. 14, 2008, 122 Stat. 4553. 1704(h), (i) .. 41:433a(f), (g). In subsection (a), the definition of ‘‘executive agen- cy’’ is omitted as unnecessary. In subsection (f)(1), the words ‘‘Not later than 1 year after the date of the enactment of this Act’’ are omit- ted as obsolete. In subsection (g)(2), the words ‘‘Associate Adminis- trator’’ are substituted for ‘‘Associate Administrator for Acquisition Workforce Programs designated under section 855(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 251; 41 U.S.C. 433(a))’’ because of subsection (a)(1). In subsection (g)(3)(D), the reference to ‘‘section 37(j) of the Office of Federal Procurement Policy Act’’ is changed to ‘‘section 1703(g) of this title’’ to correct an error in the law. Editorial Notes AMENDMENTS 2013—Subsec. (b). Pub. L. 112–239, § 1076(a)(14), made technical amendment to directory language of Pub. L. 112–81, § 864(a)(2). See 2011 Amendment note below. 2011—Subsec. (b). Pub. L. 112–81, § 864(a)(2), as amend- ed by Pub. L. 112–239, § 1076(a)(14), substituted ‘‘The As- sociate Administrator shall be located in the Office of Federal Procurement Policy.’’ for ‘‘The Associate Ad- ministrator shall be located in the Federal Acquisition Institute (or its successor).’’ in introductory provi- sions. Pub. L. 112–81, § 864(a)(1), inserted ‘‘The Associate Ad- ministrator shall be chosen on the basis of dem- onstrated knowledge and expertise in acquisition, human capital, and management.’’ after ‘‘Programs.’’ in introductory provisions. Subsec. (b)(5), (6). Pub. L. 112–81, § 864(a)(3)–(5), added par. (5) and redesignated former par. (5) as (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(14) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. EXPANSION OF TRAINING AND USE OF INFORMATION TECHNOLOGY CADRES Pub. L. 113–291, div. A, title VIII, § 835, Dec. 19, 2014, 128 Stat. 3449, provided that: ‘‘(a) PURPOSE.—The purpose of this section is to en- sure timely progress by Federal agencies toward devel- oping, strengthening, and deploying information tech- nology acquisition cadres consisting of personnel with highly specialized skills in information technology ac- quisition, including program and project managers. ‘‘(b) STRATEGIC PLANNING.— ‘‘(1) IN GENERAL.—The Administrator for Federal Procurement Policy, in consultation with the Admin- istrator for E-Government and Information Tech- nology, shall work with Federal agencies, other than the Department of Defense, to update their acquisi- tion human capital plans that were developed pursu- ant to the October 27, 2009, guidance issued by the Ad- ministrator for Federal Procurement Policy in fur- therance of section 1704(g) of title 41, United States Code (originally enacted as section 869 of the Duncan Hunter National Defense Authorization Act for Fiscal 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 executive agency one officer or employee serving in a position authorized for the executive agency on July 18, 1984 (other than the senior pro- curement 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 incon- sistent 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 indi- viduals who are specialists in engineering, technical operations, contract administra- tion, financial management, supply manage- ment, and utilization of small and disadvan- taged 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 procure- ment executive of the executive agency— (A) opportunities and actions taken to achieve full and open competition in the pro- curement activities of the executive agency; and (B) any condition or action which has the effect of unnecessarily restricting competi- tion in the procurement actions of the exec- utive agency; (4) prepare and transmit to the senior pro- curement executive an annual report describ- ing— (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 ex- ecutive— (A) goals and the plans for increasing com- petition on a fiscal year basis; and (B) a system of personal and organiza- tional accountability for competition, which may include the use of recognition and awards to motivate program managers, con- tracting officers, and others in authority to promote competition in procurement pro- grams; and (6) describe other ways in which the execu- tive agency has emphasized competition in programs for procurement training and re- search. (c) RESPONSIBILITIES.—The advocate for com- petition for each procuring activity is respon- sible for promoting full and open competition, promoting the acquisition of commercial prod- ucts and commercial services, and challenging barriers to acquisition, including unnecessarily restrictive statements of need, unnecessarily de- tailed specifications, and unnecessarily burden- some contract clauses. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3709; Pub. L. 115–232, div. A, title VIII, § 836(b)(2), Aug. 13, 2018, 132 Stat. 1861.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1705 ............ 41:418. 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 ‘‘com- mercial products and commercial services’’ for ‘‘com- mercial items’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. § 1706. Personnel evaluation The head of each executive agency subject to division C shall ensure, with respect to the em-