Page:United States Statutes at Large Volume 98 Part 3.djvu/221

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2593

"§ 2317. Encouragement of competition and cost savings "The Secretary of Defense shall establish procedures to ensure that personnel appraisal systems of the Department of Defense give appropriate recognition to efforts to increase competition and achieve cost savings in areas relating to contracts covered by this chapter.".

10 USC 2317.

IMPROVED PROCUREMENT PROCEDURES

SEC. 1216. (a) Chapter 137 of title 10, United States Code, is amended by adding after section 2317 (as added by section 1215 of this Act) the following new sections: "§ 2318. Advocates for competition 10 USC 2318. "(a)(1) In addition to the advocates for competition established or designated pursuant to section 20(a) of the Office of Federal Procurement Policy Act, the Secretary of Defense shall designate an officer Ante, p. 1195. or employee of the Defense Logistics Agency to serve as the advocate for competition of the agency. "(2) The advocate for competition of the Defense Logistics Agency shall carry out the responsibilities and functions provided for in sections 20(b) and 20(c) of the Office of Federal Procurement Policy Act. "(b) Each advocate for competition of an agency named in section 2303(a) of this title shall be a general or flag officer if a member of the armed forces or a grade GS-16 or above under the General Schedule (or in a comparable or higher position under another 5 USC 5332. schedule), if a civilian employee and shall be designated to serve for a minimum of two years. "(c) Each advocate for competition of an agency of the Department Report, of Defense shall transmit to the Secretary of Defense a report describing his activities during the preceding year. The report of each advocate for competition snail be included in the annual report of the Secretary of Defense required by section 21 of the Office of Federal Procurement Policy Act, in the form in which it w a s Ante, p. 1195. submitted to the Secretary. "§ 2319. Encouragement of new competitors "(a) In this section, 'qualification requirement' means a requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract. "(b) Except as provided in subsection (c), the head of the agency shall, before establishing a qualification requirement— "(1) prepare a written justification stating the necessity for establishing the qualification requirement and specify why the qualification requirement must be demonstrated before contract award; "(2) specify in writing and make available to a potential offeror upon request all requirements which a prospective offeror, or its product, must satisfy in order to become qualified, such requirements to be limited to those least restrictive to meet the purposes necessitating the establishment of the qualification requirement; "(3) specify an estimate of the costs of testing and evaluation likely to be incurred by a potential offeror in order to become qualified; "(4) ensure that a potential offeror is provided, upon request and on a reimbursable basis, a prompt opportunity to demonstrate its ability to meet the standards specified for qualification

Contracts. 10 USC 2319.

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