2011 US Code
Title 41 - Public Contracts
Subtitle I - Federal Procurement Policy (§§ 101 - 4711)
Division B - Office of Federal Procurement Policy (§§ 1101 - 2313)
Chapter 17 - AGENCY RESPONSIBILITIES AND PROCEDURES (§§ 1701 - 1713)
Section 1703 - Acquisition workforce
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, 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 Subtitle I - Federal Procurement Policy Division B - Office of Federal Procurement Policy CHAPTER 17 - AGENCY RESPONSIBILITIES AND PROCEDURES Sec. 1703 - Acquisition workforce |
Contains | section 1703 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3702; Pub. L. 112-74, div. C, title V, §526, Dec. 23, 2011, 125 Stat. 914; Pub. L. 112-81, div. A, title VIII, §864(c), (d), Dec. 31, 2011, 125 Stat. 1525. |
Statutes at Large References | 108 Stat. 3351 110 Stat. 666 117 Stat. 1664, 1665 119 Stat. 3386 120 Stat. 1737 122 Stat. 250, 251 124 Stat. 3702, 2545 125 Stat. 914, 1525 |
Public Law References | Public Law 93-400, Public Law 103-305, Public Law 103-355, Public Law 104-106, Public Law 108-136, Public Law 109-163, Public Law 109-313, Public Law 110-181, Public Law 111-240, Public Law 111-350, Public Law 112-74, Public Law 112-81 |
Congressional Bill Reference | Unknown Value6 110th Congress |
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(a)
(b)
(1)
(2)
(c)
(1)
(A)
(B)
(2)
(A)
(B)
(i) developing and modifying acquisition certification programs;
(ii) ensuring quality assurance for agency implementation of government-wide training and certification standards;
(iii) analyzing the acquisition training curriculum to ascertain if all certification competencies are covered or if adjustments are necessary;
(iv) developing career path information for certified professionals to encourage retention in government positions;
(v) coordinating with the Office of Personnel Management for human capital efforts; and
(vi) managing rotation assignments to support opportunities to apply skills included in certification.
(d)
(e)
(f)
(1)
(A)
(B)
(C)
(2)
(A) relate pay to performance (including the extent to which the performance of personnel in the workforce contributes to achieving the cost goals, schedule goals, and performance goals established for acquisition programs pursuant to section 3103(b) of this title); and
(B) provide for consideration, in personnel evaluations and promotion decisions, of the extent to which the performance of personnel in the workforce contributes to achieving the cost goals, schedule goals, and performance goals.
(g)
(1)
(A) establish qualification requirements, including education requirements, for—
(i) entry-level positions in the General Schedule Contracting series (GS–1102);
(ii) senior positions in the General Schedule Contracting series (GS–1102);
(iii) all positions in the General Schedule Purchasing series (GS–1105); and
(iv) positions in other General Schedule series in which significant acquisition-related functions are performed; and
(B) prescribe the manner and extent to which the qualification requirements shall apply to an individual serving in a position described in subparagraph (A) at the time the requirements are established.
(2)
(3)
(h)
(1)
(2)
(3)
(i)
(1)
(A) adapts to fundamental changes in the nature of Federal Government acquisition of property and services associated with the changing roles of the Federal Government; and
(B) acquires new skills and a new perspective to enable it to contribute effectively in the changing environment of the 21st century.
(2)
(3)
(A) Government-wide task and delivery-order contracts entered into under sections 4103 and 4105 of this title.
(B) Government-wide contracts for the acquisition of information technology as defined in section 11101 of title 40 and multiagency acquisition contracts for that technology authorized by section 11314 of title 40.
(C) multiple-award schedule contracts entered into by the Administrator of General Services.
(4)
(5)
(6)
(7)
(8)
(j)
(1)
(2)
(k)
(1)
(2)
(A) The unusually high or unique qualifications of an individual receiving an annuity from the Civil Service Retirement and Disability Fund on the basis of the individual's service.
(B) The exceptional difficulty in recruiting or retaining a qualified employee.
(C) A temporary emergency hiring need.
(3)
(4)
(5)
(l)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3702; Pub. L. 112–74, div. C, title V, §526, Dec. 23, 2011, 125 Stat. 914; Pub. L. 112–81, div. A, title VIII, §864(c), (d), Dec. 31, 2011, 125 Stat. 1525.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1703(a) | 41:433(e) (last sentence). | Pub. L. 93–400, §37(b)–(h)(2), as added Pub. L. 104–106, title XLIII, §4307(a)(1), Feb. 10, 1996, 110 Stat. 666. |
1703(b)(1) | 41:433(a). | Pub. L. 93–400, §37(a), as added Pub. L. 104–106, title XLIII, §4307(a)(1), Feb. 10, 1996, 110 Stat. 666; Pub. L. 109–163, div. A, title VIII, §821(b)(1), Jan. 6, 2006, 119 Stat. 3386. |
1703(b)(2) | 41:433(e) (1st sentence). | |
1703(c) | 41:433(b). | |
1703(d) | 41:433(c). | |
1703(e) | 41:433(d). | |
1703(f) | 41:433(f). | |
1703(g) | 41:433(g). | |
1703(h)(1) | 41:433(h)(1)(A). | |
1703(h)(2) | 41:433(h)(2). | |
1703(h)(3) | 41:433(h)(1)(B). | |
1703(i)(1) | 41:433 note. | Pub. L. 108–136, div. A, title XIV, §1412(a), Nov. 24, 2003, 117 Stat. 1664. |
1703(i)(2)–(8) | 41:433(h)(3). | Pub. L. 93–400, §37(h)(3), as added Pub. L. 108–136, div. A, title XIV, §1412(b), Nov. 24, 2003, 117 Stat. 1664; Pub. L. 109–163, div. A, title VIII, §821(a), Jan. 6, 2006, 119 Stat. 3386; Pub. L. 110–181, div. A, title VIII, §854, Jan. 28, 2008, 122 Stat. 251. |
1703(j) | 41:433 note. | Pub. L. 108–136, div. A, title XIV, §1413, Nov. 24, 2003, 117 Stat. 1665; Pub. L. 110–181, div. A, title VIII, §853, title X, §1063(g)(2), Jan. 28, 2008, 122 Stat. 250, 323. |
1703(k) | 41:433(i). | Pub. L. 93–400, §37(i), as added Pub. L. 109–313, §4, Oct. 6, 2006, 120 Stat. 1737. |
In subsection (e), the word “information” the second time it appears is substituted for “data” for consistency in the subsection.
In subsection (i)(6), the words “Office of Federal Procurement Policy” are substituted for “Office of Federal Acquisition Policy” to provide the correct name of the office.
In subsection (j), the text of 1413(c) of the National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108–136, 117 Stat. 1665) is omitted as obsolete.
In subsection (k)(4), the words “Committee on Oversight and Government Reform” are substituted for “Committee on Government Reform” on authority of Rule X(1)(m) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
References in TextSection 5051(c) of the Federal Acquisition Streamlining Act of 1994, referred to in subsec. (c)(2)(A), is section 5051(c) of Pub. L. 103–305, which is set out as a note under this section.
Amendments2011—Subsec. (c)(2). Pub. L. 112–81, §864(c)(1), designated existing provisions as subpar. (A), inserted subpar. heading, and added subpar. (B).
Subsec. (i)(2). Pub. L. 112–81, §864(d)(1), substituted “to support the activities set forth in section 1201(a) of this title” for “to support the training of the acquisition workforce of the executive agencies”.
Subsec. (i)(6). Pub. L. 112–81, §864(d)(2), substituted “ensure that amounts collected under this section are not used for a purpose other than the activities set forth in section 1201(a) of this title” for “ensure that amounts collected for training under this subsection are not used for a purpose other than the purpose specified in paragraph (2)”.
Pub. L. 112–74, which directed amendment of par. (6) by striking out “for training” after “amounts collected” and substituting “subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this title” for “paragraph (2)”, was not executed to reflect the probable intent of Congress and the subsequent amendment by Pub. L. 112–81, §864(d)(2). See above.
Subsec. (l). Pub. L. 112–81, §864(c)(2), added subsec. (l).
Training for Contracting and Enforcement PersonnelPub. L. 111–240, title I, §1343(a), Sept. 27, 2010, 124 Stat. 2545, provided that: “Not later than 1 year after the date of enactment of this Act [Sept. 27, 2010], the Federal Acquisition Institute, in consultation with the Administrator for Federal Procurement Policy, the Defense Acquisition University, and the Administrator [of the Small Business Administration], shall develop courses for acquisition personnel concerning proper classification of business concerns and small business size and status for purposes of Federal contracts, subcontracts, grants, cooperative agreements, and cooperative research and development agreements.”
Defense Acquisition University FundingPub. L. 109–163, div. A, title VIII, §821(c), Jan. 6, 2006, 119 Stat. 3386, provided that: “Amounts transferred under section 37(h)(3)(D) of the Office of Federal Procurement Policy Act [now 41 U.S.C. 1703(i)(5)] (as amended by subsection (a)) for use by the Defense Acquisition University shall be in addition to other amounts authorized for the University.”
Enhanced System of Performance IncentivesPub. L. 103–355, title V, §5051(c), Oct. 13, 1994, 108 Stat. 3351, provided that: “Within one year after the date of the enactment of this Act [Oct. 13, 1994], the Deputy Director for Management of the Office of Management and Budget, in consultation with appropriate officials in other departments and agencies of the Federal Government, shall, to the maximum extent consistent with applicable law—
“(1) establish policies and procedures for the heads of such departments and agencies to designate acquisition positions and manage employees (including the accession, education, training and career development of employees) in the designated acquisition positions; and
“(2) review the incentives and personnel actions available to the heads of departments and agencies of the Federal Government for encouraging excellence in the acquisition workforce of the Federal Government and provide an enhanced system of incentives for the encouragement of excellence in such workforce which—
“(A) relates pay to performance (including the extent to which the performance of personnel in such workforce contributes to achieving the cost goals, schedule goals, and performance goals established for acquisition programs pursuant to section 313(b) of the Federal Property and Administrative Services Act of 1949, as added by subsection (a) [now 41 U.S.C. 3103(b)]); and
“(B) provides for consideration, in personnel evaluations and promotion decisions, of the extent to which the performance of personnel in such workforce contributes to achieving such cost goals, schedule goals, and performance goals.”
1 So in original. Probably should be “Procurement”.
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