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Title XIV—Services Acquisition Reform

The Services Acquisition Reform Act of 2003 (SARA)

Public Law 108-136

House Conference Report 108-354

SEC. 1421. CHIEF ACQUISITION OFFICERS.

(a) APPOINTMENT OF CHIEF ACQUISITION OFFICERS- (1) Section 16 of the Office of Federal Procurement Policy Act (41 U.S.C. 414) is amended to read as follows:

`SEC. 16. CHIEF ACQUISITION OFFICERS AND SENIOR PROCUREMENT EXECUTIVES.

`(a) ESTABLISHMENT OF AGENCY CHIEF ACQUISITION OFFICERS- (1) The head of each executive agency described in section 901(b)(1) (other than the Department of Defense) or section 901(b)(2)(C) of title 31, United States Code, with a Chief Financial Officer appointed or designated under section 901(a) of such title shall appoint or designate a non-career employee as Chief Acquisition Officer for the agency, who shall--

`(A) have acquisition management as that official's primary duty; and

`(B) 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.

`(b) AUTHORITY AND FUNCTIONS OF AGENCY CHIEF ACQUISITION OFFICERS- The functions of each Chief Acquisition Officer shall include--

`(1) monitoring the performance of acquisition activities and acquisition programs of the executive agency, evaluating 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;

`(2) 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 responsible sources to fulfill the Government's requirements (including performance and delivery schedules) at the lowest cost or best value considering the nature of the property or service procured;

`(3) increasing appropriate use of performance-based contracting and performance specifications;

`(4) making acquisition decisions consistent with all applicable laws and establishing clear lines of authority, accountability, and responsibility for acquisition decisionmaking within the executive agency;

`(5) managing the direction of acquisition policy for the executive agency, including implementation of the unique acquisition policies, regulations, and standards of the executive agency;

`(6) developing and maintaining an acquisition career management program in the executive agency to ensure that there is an adequate professional workforce; and

`(7) as part of the strategic planning and performance evaluation process required under section 306 of title 5, United States Code, and sections 1105(a)(28), 1115, 1116, and 9703 of title 31, United States Code--

`(A) assessing the requirements established for agency personnel regarding knowledge and skill in acquisition resources management and the adequacy of such requirements for facilitating the achievement of the performance goals established for acquisition management;

`(B) in order to rectify any deficiency in meeting such requirements, developing strategies and specific plans for hiring, training, and professional development; and

`(C) reporting to the head of the executive agency on the progress made in improving acquisition management capability.

`(c) SENIOR PROCUREMENT EXECUTIVE- (1) The head of each executive agency shall designate a senior procurement executive who shall be responsible for management direction of the procurement system of the executive agency, including implementation of the unique procurement policies, regulations, and standards of the executive agency.

`(2) In the case of an executive agency for which a Chief Acquisition Officer has been appointed or designated under subsection (a), the head of such executive agency shall either--

`(A) designate the Chief Acquisition Officer as the senior procurement executive for the executive agency; or

`(B) ensure that the senior procurement executive designated for the executive agency under paragraph (1) reports directly to the Chief Acquisition Officer without intervening authority.'.

(2) The item relating to section 16 in the table of contents in section 1(b) of such Act is amended to read as follows:

`Sec. 16. Chief Acquisition Officers and senior procurement executives.'.

(b) TECHNICAL CORRECTION- Section 1115(a) of title 31, United States Code, is amended by striking `section 1105(a)(29)' and inserting `section 1105(a)(28)'.

The House bill contained a provision (sec. 1421) that would amend section 16 of the Office of Federal Procurement Policy Act (41 U.S.C. Sec. 414) to provide for the appointment of a non-career employee as the chief acquisition officer for each executive agency other than the Department of Defense.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would limit the number of agencies required to have Chief Acquisition Officers and to retain the requirement for all agencies to have senior procurement executives.

House Report 108-117, Part 1

The section would amend section 16 of the Office of Federal Procurement Policy Act (41 U.S.C. 414) to provide for the appointment of a non-career employee as the Chief Acquisition Officer for each executive agency other than the Department of Defense. The Department of Defense currently has a comparable position established pursuant to section 133 of title 10, United States Code. The Chief Acquisition Officer would have acquisition as the official’s primary duty and advise and assist the agency head and other senior officials to ensure that the agency mission is achieved through the management of the agency’s acquisition activities. The functions of the Chief Acquisition Officer would include monitoring the agency’s acquisition activities, evaluating them based on applicable performance measurements, increasing the use of full and open competition in agency acquisitions, making acquisition decisions consistent with applicable laws, and establishing clear lines of authority, accountability, and responsibility for acquisition decisionmaking and developing and maintaining a acquisition career management program. The Chief Acquisition Officer would, as a part of the statutorily required annual strategic planning and performance evaluation process, assess agency requirements for agency personnel knowledge and skills in acquisition resources management and, if necessary, develop strategies and plan for hiring, training and professional development.