Page:United States Statutes at Large Volume 124.djvu/3727

124 STAT. 3701 PUBLIC LAW 111–350—JAN. 4, 2011 (2) except when prohibited by law, furnish to the Adminis- trator, and give the Administrator access to, all information and records in its possession that the Administrator may deter- mine to be necessary for the performance of the functions of the Office. § 1702. Chief Acquisition Officers and senior procurement executives (a) APPOINTMENT OR DESIGNATION OF CHIEF ACQUISITION OFFICER.—The head of each executive agency described in section 901(b)(1) (other than the Department of Defense) or 901(b)(2)(C) of title 31 with a Chief Financial Officer appointed or designated under section 901(a) of title 31 shall appoint or designate a non- career employee as Chief Acquisition Officer for the agency. (b) AUTHORITY AND FUNCTIONS OF CHIEF ACQUISITION OFFICER.— (1) PRIMARY DUTY.—The primary duty of a Chief Acquisition Officer is acquisition management. (2) ADVICE AND ASSISTANCE.—A Chief Acquisition Officer shall advise and assist the head of the executive agency and other agency officials to ensure that the mission of the executive agency is achieved through the management of the agency’s acquisition activities. (3) OTHER FUNCTIONS.—The functions of each Chief Acquisi- tion Officer include— (A) monitoring the performance of acquisition activities and acquisition programs of the executive agency, evalu- ating the performance of those programs on the basis of applicable performance measurements, and advising the head of the executive agency regarding the appropriate business strategy to achieve the mission of the executive agency; (B) increasing the use of full and open competition in the acquisition of property and services by the executive agency by establishing policies, procedures, and practices that ensure that the executive agency receives a sufficient number of sealed bids or competitive proposals from respon- sible sources to fulfill the Federal Government’s require- ments (including performance and delivery schedules) at the lowest cost or best value considering the nature of the property or service procured; (C) increasing appropriate use of performance-based con- tracting and performance specifications; (D) making acquisition decisions consistent with all applicable laws and establishing clear lines of authority, accountability, and responsibility for acquisition decision- making within the executive agency; (E) managing the direction of acquisition policy for the executive agency, including implementation of the unique acquisition policies, regulations, and standards of the executive agency; (F) developing and maintaining an acquisition career management program in the executive agency to ensure that there is an adequate professional workforce; and (G) as part of the strategic planning and performance evaluation process required under section 306 of title 5 and sections 1105(a)(28), 1115, 1116, and 9703 (added by section 5(a) of Public Law 103–62 (107 Stat. 289)) of title 31—