41 U.S. Code § 1709 - Contracting functions performed by Federal personnel
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(a) Covered Personnel.— Personnel referred to in subsection (b) are—
(b) Limitation on Payment for Advisory and Assistance Services.— 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
Source(Pub. L. 111–350, § 3,Jan. 4, 2011, 124 Stat. 3714.)
|Revised Section||Source (U.S. Code)||Source (Statutes at Large)|
|Pub. L. 93–400, § 23, as added Pub. L. 103–355, title VI, § 6002(a), Oct. 13, 1994, 108 Stat. 3363.|
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 Amendment
In subsec. (a)(3), “individual” substituted for “employee from State or local governments” by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. S8442, Dec. 2, 2010 (daily ed.).
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.”
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