41-U.S.C.-1709

§1709 – Contracting Functions Performed By Federal Personnel

Pathway

Title 41 > Subtitle I > Division B > Chapter 17 > Section 1709

Details

• Reference: Section 1709
• Legend: §1709 – Contracting Functions Performed By Federal Personnel
• USCode Year: 2013

Provision Content

(a) Covered Personnel.—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) 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

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

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

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3714.)

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.

U.S. Encyclopedia of Law Coverage

41-U.S.C.-1301 in the Legal Encyclopedia: Public Contracts

In this entry about 41-U.S.C.-1301, find legal reference material, bibliographies and premiere content related to public contracts in the American Encyclopedia of Law, presenting a comprehensive view of the United States public contracts-specific issues, written by authorities in the field.

41-U.S.C.-1709 in the Legal Encyclopedia: Federal Procurement Policy

In this entry about 41-U.S.C.-1709, find legal reference material, bibliographies and premiere content related to federal procurement policy in the American Encyclopedia of Law, presenting a comprehensive view of the United States federal procurement policy-specific issues, written by authorities in the field.

41-U.S.C.-1708 in the Legal Encyclopedia: Agencies

In this entry about 41-U.S.C.-1708, find legal reference material, bibliographies and premiere content related to agencies in the American Encyclopedia of Law, presenting a comprehensive view of the United States agencies-specific issues, written by authorities in the field.

Topic Map

• Browse the Topic Map in relation with Title 41 (Public Contracts) guided by subject interests.