Allowing Contractors to Choose Employees for Select Skills Act

To 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 ACCESS Act 2. Use of requirements regarding experience and education of contractor personnel (a) Flexibility in contractor education requirements Chapter 33 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 . (b) Technical and conforming amendment The table of sections for chapter 33 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

Summary: Allowing Contractors to Choose Employees for Select Skills Act or the ACCESS ActThis bill prohibits federal agency solicitations from requiring minimum experience or educational requirements for proposed contractor personnel except in specified circumstances. (Solicitations identify agency needs and provide instructions and other information to would-be offerors.) A solicitation can require minimum experience or educational requirements if the contracting officer includes in the solicitation a written justification explaining why the needs of the agency cannot be met without such a requirement.  This bill also requires the Office of Management and Budget to issue guidance not later than 60 days after enactment to federal agencies for implementing this bill.