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 1709 - Contracting functions performed by Federal personnel
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. 1709 - Contracting functions performed by Federal personnel |
Contains | section 1709 |
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. 3714. |
Statutes at Large References | 108 Stat. 3363 124 Stat. 3714 |
Public Law References | Public Law 93-400, Public Law 103-355, Public Law 111-350 |
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(a)
(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)
(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)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3714.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
1709(a) | 41:419(b). | Pub. L. 93–400, §23, as added Pub. L. 103–355, title VI, §6002(a), Oct. 13, 1994, 108 Stat. 3363. |
1709(b) | 41:419(a). | |
1709(c) | 41:419(c). |
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 AmendmentIn 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 RegulationsPub. 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.”
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