Page:United States Statutes at Large Volume 124.djvu/3736

124 STAT. 3710 PUBLIC LAW 111–350—JAN. 4, 2011 (A) opportunities and actions taken to achieve full and open competition in the procurement activities of the execu- tive 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 account- ability for competition, which may include the use of rec- ognition and awards to motivate program managers, con- tracting officers, and others in authority to promote com- petition 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 pro- curing activity is responsible for promoting full and open competi- tion, promoting the acquisition of commercial items, and challenging barriers to acquisition, including unnecessarily restrictive state- ments of need, unnecessarily detailed specifications, and unneces- sarily burdensome contract clauses. § 1706. Personnel evaluation The head of each executive agency subject to division C shall ensure, with respect to the employees of that agency whose primary duties and responsibilities pertain to the award of contracts subject to the provisions of the Small Business and Federal Procurement Competition Enhancement Act of 1984 (Public Law 98–577, 98 Stat. 3066), that the performance appraisal system applicable to those employees affords appropriate recognition to, among other factors, efforts to— (1) increase competition and achieve cost savings through the elimination of procedures that unnecessarily inhibit full and open competition; (2) further the purposes of the Small Business and Federal Procurement Competition Enhancement Act of 1984 (Public Law 98–577, 98 Stat. 3066) and the Defense Procurement Reform Act of 1984 (Public Law 98–525, title XII, 98 Stat. 2588); and (3) further other objectives and purposes of the Federal acquisition system authorized by law. § 1707. Publication of proposed regulations (a) COVERED POLICIES, REGULATIONS, PROCEDURES, AND FORMS.— (1) REQUIRED COMMENT PERIOD.—Except as provided in sub- section (d), a procurement policy, regulation, procedure, or form (including an amendment or modification thereto) may not take effect until 60 days after it is published for public comment in the Federal Register pursuant to subsection (b) if it— (A) relates to the expenditure of appropriated funds; and