Page:United States Statutes at Large Volume 108 Part 4.djvu/729

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3363 SEC. 6002. CONTRACTING FUNCTIONS PERFORMED BY FEDERAL PERSONNEL. (a) AMENDMENT OF OFPP ACT.—The Office of Federal Procurement Policy Act, as amended by section 1092, is further amended by inserting after section 22 the following new section 23: "SEC. 23. CONTRACTING FUNCTIONS PERFORMED BY FEDERAL 41 USC 419. PERSONNEL. "(a) LIMITATION ON PAYMENT FOR ADVISORY AND ASSISTANCE SERVICES.—(1) No person who is not a person described in subsection (b) 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) 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) within the agency or another Federal agency are readily available to perform a particular eveduation 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), the personnel described in this subsection are as follows: "(1) An employee, as defined in section 2105 of title 5, United States Code. "(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, United States Code. "(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.". (b) REQUIREMENT FOR GUIDANCE AND REGULATIONS.— The Fed- 4i use 4i9 note, eral 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.