2004 US Code
Title 41 - PUBLIC CONTRACTS
CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 419 - Contracting functions performed by Federal personnel
View MetadataPublication Title | United States Code, 2000 Edition, Supplement 4, Title 41 - PUBLIC CONTRACTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 41 - PUBLIC CONTRACTS CHAPTER 7 - OFFICE OF FEDERAL PROCUREMENT POLICY Sec. 419 - Contracting functions performed by Federal personnel |
Contains | section 419 |
Date | 2004 |
Laws in Effect as of Date | January 3, 2005 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 93-400, §23, as added Pub. L. 103-355, title VI, §6002(a), Oct. 13, 1994, 108 Stat. 3363. |
Statutes at Large References | 98 Stat. 1198, 3074 108 Stat. 3363 |
Public Law References | Public Law 93-400, Public Law 98-369, Public Law 98-577, Public Law 103-355 |
§419. Contracting functions performed by Federal personnel (a) Limitation on payment for advisory and assistance services
(1) No person who is not a person described in subsection (b) of this section 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 (b) of this section with adequate training and capabilities to perform such evaluations and analyses are not readily available within the agency or another Federal agency, as determined in accordance with standards and procedures prescribed in the Federal Acquisition Regulation.
(2) In the administration of this subsection, the head of each executive agency shall determine in accordance with the standards and procedures set forth in the Federal Acquisition Regulation whether—
(A) a sufficient number of personnel described in subsection (b) of this section within 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
(B) the readily available personnel have the training and capabilities necessary to perform the evaluation or analysis.
(b) Covered personnelFor purposes of subsection (a) of this section, the personnel described in this subsection are as follows:
(1) An employee, as defined in section 2105 of title 5.
(2) A member of the Armed Forces of the United States.
(3) A person assigned to a Federal agency pursuant to subchapter VI of chapter 33 of title 5.
(c) Rule of constructionNothing in this section is intended to affect the relationship between the Federal Government and a federally funded research and development center.
(Pub. L. 93–400, §23, as added Pub. L. 103–355, title VI, §6002(a), Oct. 13, 1994, 108 Stat. 3363.)
Prior ProvisionsA prior section 419, Pub. L. 93–400, §23, formerly §21, as added Pub. L. 98–369, div. B, title VII, §2732(a), July 18, 1984, 98 Stat. 1198; renumbered §23, Pub. L. 98–577, title III, §301(a), Oct. 30, 1984, 98 Stat. 3074, related to annual report to be submitted to Congress by agency heads concerning actions taken to increase competition for contracts and reduce number and dollar value of noncompetitive contracts, prior to repeal by Pub. L. 103–355, title I, §1092.
Effective DateFor effective date and applicability of section, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 251 of this title.
Requirement for Guidance and RegulationsSection 6002(b) of Pub. L. 103–355 provided that: “The Federal Acquisition Regulatory Council established by section 25(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(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.”
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.