§ 433. — Acquisition workforce.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC433]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 433. Acquisition workforce
(a) Applicability
This section does not apply to an executive agency that is subject
to chapter 87 of title 10.
(b) Management policies
(1) Policies and procedures
The head of each executive agency, after consultation with the
Administrator for Federal Procurement Policy, 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.
(2) 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.
(3) Government-wide policies and evaluation
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
such 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
(41 U.S.C. 263 note). The Administrator shall evaluate the
implementation of the provisions of this section by executive
agencies.
(c) Senior procurement executive authorities and responsibilities
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 implementation of 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.
(d) Management information systems
The Administrator shall ensure that the heads of executive agencies
collect and maintain standardized information on the acquisition
workforce related to implementation of this section. To the maximum
extent practicable, such data requirements shall conform to standards
established by the Office of Personnel Management for the Central
Personnel Data File.
(e) Applicability to acquisition workforce
The programs established by this section shall apply to the
acquisition workforce of each executive agency. 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) of this section.
(f) Career development
(1) Career paths
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 information available on such career paths.
(2) 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.
(3) 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 shall
also 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.
(4) Performance incentives
The head of each executive agency shall provide for an enhanced
system of incentives for the encouragement of excellence in the
acquisition workforce which rewards performance of employees that
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 such workforce contributes to
achieving the cost goals, schedule goals, and performance goals
established for acquisition programs pursuant to section 263(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 such workforce contributes to achieving such cost
goals, schedule goals, and performance goals.
(g) Qualification requirements
(1) In general
(A) Subject to paragraph (2), the Administrator shall establish
qualification requirements, including education requirements, for
the following positions:
(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).
(iv) Positions in other General Schedule series in which
significant acquisition-related functions are performed.
(B) Subject to paragraph (2), the Administrator shall prescribe
the manner and extent to which such qualification requirements shall
apply to any person serving in a position described in subparagraph
(A) at the time such 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. If the Director does not
disapprove a requirement or prescription within 30 days after the
date on which the Director receives it, the requirement or
prescription is deemed to be approved by the Director.
(h) Education and training
(1) Funding levels
(A) The head of an executive agency shall set forth separately
the funding levels requested for education and training of 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.
(B) Funds appropriated for education and training under this
section may not be obligated for any other purpose.
(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.
(Pub. L. 93-400, Sec. 37, as added Pub. L. 104-106, div. D, title XLIII,
Sec. 4307(a)(1), Feb. 10, 1996, 110 Stat. 666.)
References in Text
Section 5051(c) of the Federal Acquisition Streamlining Act of 1994,
referred to in subsec. (b)(3), is section 5051(c) of Pub. L. 103-355,
which is set out as a note under section 263 of this title.
Effective Date
For effective date and applicability of section, see section 4401 of
Pub. L. 104-106, set out as an Effective Date of 1996 Amendment note
under section 251 of this title.
Section Referred to in Other Sections
This section is referred to in section 405 of this title.
