118 HR 7887 IH: Allowing Contractors to Choose Employees for Select Skills Act U.S. House of Representatives 2024-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 7887IN THE HOUSE OF REPRESENTATIVESApril 9, 2024Ms. Mace (for herself and Mr. Krishnamoorthi) introduced the following bill; which was referred to the Committee on Oversight and AccountabilityA BILLTo amend title 41, United States Code, to prohibit minimum experience or educational requirements for proposed contractor personnel in certain contract solicitations, and for other purposes.

1.

Short title

This Act may be cited as the Allowing Contractors to Choose Employees for Select Skills Act or the ACCESS Act.

2.

Use of requirements regarding experience and education of contractor personnel

(a)

Flexibility in contractor education requirements

Chapter 33 of title 41, United States Code, is amended by adding at the end the following new section:

3313.

Flexibility in contractor education requirements

(a)

Prohibition

A solicitation may not set forth any minimum experience or educational requirement for proposed contractor personnel in order for a bidder to be eligible for award of a contract unless the contracting officer includes in the solicitation a written justification that explains why the needs of the executive agency cannot be met without any such requirement and clarifies how the requirement ensures the needs are met.(b)

Executive agency defined

In this section, the term executive agency has the meaning given that term in section 133.

.(b)

Technical and conforming amendment

The table of sections for chapter 33 of title 41, United States Code, is amended by adding at the end the following new item:Sec. 3313. Flexibility in contractor education requirements..(c)

OMB Guidance

Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to executive agencies for implementing the amendment made by subsection (a) that includes the following:(1)Instructions for contracting officers for the justifications under section 3313(a) of title 41, United States Code, as added by subsection (a), including a requirement that each use of an education or experience requirement be separately determined, justified, and reviewed.(2)In the case of a solicitation in which education and work experience requirements are included, instructions on how alternative certifications, industry-recognized credentials, and work-based learning programs, including apprenticeships, may satisfy such requirements.(d)

Applicability

The amendments made by this section shall apply with respect to solicitations issued on or after the date that is 180 days after the date of the enactment of this Act. (e)

GAO report

Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress an evaluation of executive agency compliance with section 3313 of title 41, United States Code, as added by subsection (a).(f)

Executive agency defined

In this section, the term executive agency has the meaning given that term in section 133 of title 41, United States Code.