§1709 — Title 41 Public Contracts | U.S. Code

Summary

Agencies must not pay people who are not federal personnel to do evaluations or analyses of any part of a contract proposal unless there are no federal staff with the right training and skills available in the agency or in another federal agency. The rule covers three kinds of federal personnel: federal employees (as defined by law), members of the armed forces, and people assigned to an agency under subchapter VI of chapter 33 of title 5. The head of each executive agency must use the Federal Acquisition Regulation to decide two things: whether enough of those federal people are available to do the work, and whether they have the needed training and skills. This does not change the government’s relationship with Federally Funded Research and Development Centers.

Title 41, §1709

Public Contracts — Source: USLM XML via OLRC

(a)Personnel referred to in subsection (b) are—

(1)an employee, as defined in section 2105 of title 5;

(2)a member of the armed forces; and

(3)an individual assigned to a Federal agency pursuant to subchapter VI of chapter 33 of title 5.

(b)No individual who is not an individual described in subsection (a) may be paid by an executive agency for services to conduct evaluations or analyses of any aspect of a proposal submitted for an acquisition unless personnel described in subsection (a) with adequate training and capabilities to perform the evaluations and analyses are not readily available in the agency or another Federal agency. When administering this subsection, the head of each executive agency shall determine in accordance with standards and procedures prescribed in the Federal Acquisition Regulation whether—

(1)a sufficient number of personnel described in subsection (a) in the agency or another Federal agency are readily available to perform a particular evaluation or analysis for the head of the executive agency making the determination; and

(2)the readily available personnel have the training and capabilities necessary to perform the evaluation or analysis.

(c)This section does not affect the relationship between the Federal Government and a Federally funded research and development center.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1709(a)41:419(b).Pub. L. 93–400, § 23, as added Pub. L. 103–355, title VI, § 6002(a), Oct. 13, 1994, 108 Stat. 3363. 1709(b)41:419(a). 1709(c)41:419(c). In subsection (a), before paragraph (1), the words “Personnel referred to in subsection (b) are” are substituted for “For purposes of subsection (a) of this section, the personnel described in this subsection are as follows” to eliminate unnecessary words. In paragraph (3), the words “employee from State or local governments” are substituted for “person” for clarity. Senate Revision AmendmentIn subsec. (a)(3), “individual” substituted for “employee from State or local governments” by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. 18682 (2010).

Statutory Notes and Related Subsidiaries

Requirement for Guidance and

Regulations

Pub. L. 103–355, title VI, § 6002(b), Oct. 13, 1994, 108 Stat. 3363, provided that: “The Federal Acquisition Regulatory Council established by section 25(a) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421(a)) [now 41 U.S.C. 1302(a)] shall— “(1) review part 37 of title 48 of the Code of Federal

Regulations

as it relates to the use of advisory and assistance services; and “(2) provide guidance and promulgate

Regulations

regarding—“(A) what actions Federal agencies are required to take to determine whether expertise is readily available within the Federal Government before contracting for advisory and technical services to conduct acquisitions; and “(B) the manner in which personnel with expertise may be shared with agencies needing expertise for such acquisitions.”

§1709 Contracting functions performed by Federal personnel

Summary

Title 41, §1709

Notes & Related Subsidiaries

Historical and Revision Notes

Statutory Notes and Related Subsidiaries

Regulations

Regulations

Regulations

Citations & Metadata