§ 419. — Contracting functions performed by Federal personnel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC419]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 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 personnel
For 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 construction
Nothing 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, Sec. 23, as added Pub. L. 103-355, title VI,
Sec. 6002(a), Oct. 13, 1994, 108 Stat. 3363.)
Prior Provisions
A prior section 419, Pub. L. 93-400, Sec. 23, formerly Sec. 21, as
added Pub. L. 98-369, div. B, title VII, Sec. 2732(a), July 18, 1984, 98
Stat. 1198; renumbered Sec. 23, Pub. L. 98-577, title III, Sec. 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,
Sec. 1092.
Effective Date
For 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 Regulations
Section 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.''
