[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3582 Referred in Senate (RFS)]

  2d Session
                                H. R. 3582


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                   IN THE SENATE OF THE UNITED STATES

                              May 3, 2000

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 AN ACT


 
   To restrict the use of mandatory minimum personnel experience and 
 educational requirements in the procurement of information technology 
            goods or services unless sufficiently justified.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Contractor Flexibility Act 
of 2000''.

SEC. 2. APPROPRIATE USE OF PERSONNEL EXPERIENCE AND EDUCATIONAL 
              REQUIREMENTS IN THE PROCUREMENT OF INFORMATION TECHNOLOGY 
              GOODS AND SERVICES.

    (a) Amendment of the Federal Acquisition Regulation.--Not later 
than 180 days after the date of the enactment of this Act, the Federal 
Acquisition Regulation issued in accordance with sections 6 and 25 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421) 
shall be amended to address the use of personnel experience and 
educational requirements in the procurement of information technology 
goods and services.
    (b) Content of Amendment.--The amendment issued pursuant to 
subsection (a) shall, at a minimum, provide that solicitations for the 
procurement of information technology goods or services shall 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 first--
            (1) determines that the needs of the agency cannot be met 
        without any such requirement; and
            (2) explains in writing the basis for that determination.
    (c) GAO Report.--Not later than 1 year after the date on which the 
regulations required by subsection (a) are published in the Federal 
Register, the Comptroller General shall submit to Congress an 
evaluation of--
            (1) executive agency compliance with the regulations; and
            (2) conformance of the regulations with existing law, 
        together with any recommendations that the Comptroller General 
        considers appropriate.
    (d) Definitions.--As used in this Act:
            (1) Executive agency.--The term ``executive agency'' has 
        the meaning given that term in section 105 of title 5, United 
        States Code.
            (2) Information technology.--The term ``information 
        technology'' has the meaning given that term in the Federal 
        Acquisition Regulation.

            Passed the House of Representatives May 2, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.