41 U.S.C. § 1703 (PUBLIC CONTRACTS)
§ 1703. Acquisition workforce
(a) Description.—
For purposes of this section, the acquisition workforce of an agency consists of all employees serving in acquisition positions listed in subsection (g)(1)(A).
(b) Applicability.—
(1) Nonapplicability to certain executive agencies.—
Except as provided in subsection (i), this section does not apply to an executive agency that is subject to chapter 87 of title 10.
(2) Applicability of programs.—
The programs established by this section apply to the acquisition workforce of each executive agency.
(c) Management Policies.—
(1) Duties of head of executive agency.—
(A) Establish policies and procedures.—
After consultation with the Administrator, the head of each executive agency shall establish policies and procedures for the effective management (including accession, education, training, career development, and performance incentives) of the acquisition workforce of the agency. The development of acquisition workforce policies under this section shall be carried out consistent with the merit system principles set forth in section 2301(b) of title 5.
(B) Ensure uniform implementation.—
The head of each executive agency shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established are uniform in their implementation throughout the agency.
(2) Duties of administrator.—
(A) In general.—
The Administrator shall issue policies to promote uniform implementation of this section by executive agencies, with due regard for differences in program requirements among agencies that may be appropriate and warranted in view of the agency mission. The Administrator shall coordinate with the Deputy Director for Management of the Office of Management and Budget to ensure that the policies are consistent with the policies and procedures established, and enhanced system of incentives provided, pursuant to section 5051(c) of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 108 Stat. 3351). The Administrator shall evaluate the implementation of this section by executive agencies.
(B) Government-wide training standards and certification.—
The Administrator, acting through the Federal Acquisition Institute, shall provide and update government-wide training standards and certification requirements, including—
(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) Authority and Responsibility of Senior Procurement Executive.—
Subject to the authority, direction, and control of the head of an executive agency, the senior procurement executive of the agency shall carry out all powers, functions, and duties of the head of the agency with respect to implementing this section. The senior procurement executive shall ensure that the policies of the head of the executive agency established in accordance with this section are implemented throughout the agency.
(e) Collecting and Maintaining Information.—
The Administrator shall ensure that the heads of executive agencies collect and maintain standardized information on the acquisition workforce related to implementing this section. To the maximum extent practicable, information requirements shall conform to standards the Director of the Office of Personnel Management establishes for the Central Personnel Data File.
(f) Career Development.—
(1) Career paths.—
(A) Identification.—
The head of each executive agency shall ensure that appropriate career paths for personnel who desire to pursue careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for career progression to the most senior acquisition positions. The head of each executive agency shall make available information on those career paths.
(B) Critical duties and tasks.—
For each career path, the head of each executive agency shall identify the critical acquisition-related duties and tasks in which, at minimum, employees of the agency in the career path shall be competent to perform at full performance grade levels. For this purpose, the head of the executive agency shall provide appropriate coverage of the critical duties and tasks identified by the Director of the Federal Acquisition Institute.
(C) Mandatory training and education.—
For each career path, the head of each executive agency shall establish requirements for the completion of course work and related on-the-job training in the critical acquisition-related duties and tasks of the career path. The head of each executive agency also shall encourage employees to maintain the currency of their acquisition knowledge and generally enhance their knowledge of related acquisition management disciplines through academic programs and other self-developmental activities.
(2) Performance incentives.—
The head of each executive agency shall provide for an enhanced system of incentives to encourage excellence in the acquisition workforce that rewards performance of employees who contribute to achieving the agency’s performance goals. The system of incentives shall include provisions that—
(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) Qualification Requirements.—
(1) In general.—
Subject to paragraph (2), the Administrator shall—
(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) Relationship to requirements applicable to defense acquisition workforce.—
The Administrator shall establish qualification requirements and make prescriptions under paragraph (1) that are comparable to those established for the same or equivalent positions pursuant to chapter 87 of title 10 with appropriate modifications.
(3) Approval of requirements.—
The Administrator shall submit any requirement established or prescription made under paragraph (1) to the Director of the Office of Personnel Management for approval. The Director is deemed to have approved the requirement or prescription if the Director does not disapprove the requirement or prescription within 30 days after receiving it.
(h) Education and Training.—
(1) Funding levels.—
The head of an executive agency shall set forth separately the funding levels requested for educating and training the acquisition workforce in the budget justification documents submitted in support of the President’s budget submitted to Congress under section 1105 of title 31.
(2) Tuition assistance.—
The head of an executive agency may provide tuition reimbursement in education (including a full-time course of study leading to a degree) in accordance with section 4107 of title 5 for personnel serving in acquisition positions in the agency.
(3) Restricted obligation.—
Amounts appropriated for education and training under this section may not be obligated for another purpose.
(i) Training Fund.—
(1) Purposes.—
The purposes of this subsection are to ensure that the Federal acquisition workforce—
(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) Establishment and management of fund.—
There is an acquisition workforce training fund. The Administrator of General Services shall manage the fund through the Federal Acquisition Institute to support the activities set forth in section 1201(a) of this title, except as provided in paragraph (5). The Administrator of General Services shall consult with the Administrator in managing the fund.
(3) Credits to fund.—
Five percent of the fees collected by executive agencies (other than the Department of Defense) under the following contracts shall be credited to the fund:
(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) Remittance by head of executive agency.—
The head of an executive agency that administers a contract described in paragraph (3) shall remit to the General Services Administration the amount required to be credited to the fund with respect to the contract at the end of each quarter of the fiscal year.
(5) Transfer and use of fees collected from department of defense.—
The Administrator of General Services shall transfer to the Secretary of Defense fees collected from the Department of Defense pursuant to paragraph (3). The Defense Acquisition University shall use the fees for acquisition workforce training.
(6) Amounts not to be used for other purposes.—
The Administrator of General Services, through the Office of Federal Procurememt 1 Policy, shall 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.
(7) Amounts are in addition to other amounts for education and training.—
Amounts credited to the fund are in addition to amounts requested and appropriated for education and training referred to in subsection (h)(1).
(8) Availability of amounts.—
Amounts credited to the fund remain available to be expended only in the fiscal year for which they are credited and the 2 succeeding fiscal years.
(j) Recruitment Program.—
(1) Shortage category positions.—
For purposes of sections 3304, 5333, and 5753 of title 5, the head of a department or agency of the Federal Government (other than the Secretary of Defense) may determine, under regulations prescribed by the Office of Personnel Management, that certain Federal acquisition positions (as described in subsection (g)(1)(A)) are shortage category positions in order to use the authorities in those sections to recruit and appoint highly qualified individuals directly to those positions in the department or agency.
(2) Termination of authority.—
The head of a department or agency may not appoint an individual to a position of employment under this subsection after September 30, 2017.
(k) Reemployment Without Loss of Annuity.—
(1) Establishment of policies and procedures.—
The head of each executive agency, after consultation with the Administrator and the Director of the Office of Personnel Management, shall establish policies and procedures under which the agency head may reemploy in an acquisition-related position (as described in subsection (g)(1)(A)) an individual receiving an annuity from the Civil Service Retirement and Disability Fund, on the basis of the individual’s service, without discontinuing the annuity. The head of each executive agency shall keep the Administrator informed of the agency’s use of this authority.
(2) Criteria for continuation of annuity.—
Policies and procedures established under paragraph (1) shall authorize the head of the executive agency, on a case-by-case basis, to continue an annuity if any of the following makes the reemployment of an individual essential:
(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) Service not subject to csrs or fers.—
An individual reemployed under this subsection shall not be deemed an employee for purposes of chapter 83 or 84 of title 5.
(4) Reporting requirement.—
The Administrator shall submit annually to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the use of the authority under this subsection, including the number of employees reemployed under authority of this subsection.
(5) Sunset provision.—
The authority under this subsection expires on December 31, 2011.
(l) Acquisition Internship and Training Programs.—
All Federal civilian agency acquisition internship or acquisition training programs shall follow guidelines provided by the Office of Federal Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the Federal Government.
(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; Pub. L. 112–239, div. A, title X, § 1076(a)(15), title XI, § 1103, Jan. 2, 2013, 126 Stat. 1948, 1973.)
text: Historical and Revision Notes
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).
heading: References in Text
text: Section 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.
heading: Amendments
text: 2013—Subsec. (i)(6). Pub. L. 112–239, § 1076(a)(15), amended Pub. L. 112–81, § 864(d)(2). See 2011 Amendment note below.
Subsec. (j)(2). Pub. L. 112–239, § 1103, substituted “September 30, 2017” for “September 30, 2012”.
2011—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), as amended by Pub. L. 112–239, § 1076(a)(15), 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 under this subsection are not used for a purpose other than the purpose specified in subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this title.”
Pub. L. 112–74 struck out “for training” after “amounts collected” and substituted “subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this title” for “paragraph (2)”.
Subsec. (l). Pub. L. 112–81, § 864(c)(2), added subsec. (l).
heading: Effective Date of 2013 Amendment
text: Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(15) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
heading: Effective Communication Between Government and Industry
text: Pub. L. 114–92, div. A, title VIII, § 887, Nov. 25, 2015, 129 Stat. 949, provided that: “Not later than 180 days after the date of the enactment of this Act [Nov. 25, 2015], the Federal Acquisition Regulatory Council shall prescribe a regulation making clear that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms.”
heading: Training for Contracting and Enforcement Personnel
text: Pub. 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.”
heading: Defense Acquisition University Funding
text: Pub. 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.”
heading: Enhanced System of Performance Incentives
text: Pub. 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.”