Section 1 Short title
This Act may be cited as the “Allowing Contractors to Choose Employees for Select Skills Act” or the “ACCESS Act”.
Allowing Contractors to Choose Employees for Select Skills Act
A BILL
To amend title 41, United States Code, to prohibit minimum education requirements for proposed contractor personnel in certain contract solicitations, and for other purposes.
Sec. 2 Use of requirements regarding experience and education of contractor personnel
Flexibility in contractor education requirements— Chapter 33 of title 41, United States Code, is amended by adding at the end the following new section:
“3313. Flexibility in contractor education requirements
“(a) Definitions—In this section:
“(1) Education requirement—The term education requirement includes a requirement that can be met through—
“(A) education;
“(B) experience; or
“(C) a combination of education and experience.
“(2) Executive agency—The term executive agency has the meaning given that term in section 133.
“(b) Prohibition—A solicitation may not set forth any minimum education 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 such requirement and clarifies how the requirement ensures the needs are met.”
Technical and conforming amendment— The table of sections for chapter 33 of title 41, United States Code, is amended by adding at the end the following new item:
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:
Instructions for contracting officers on the manner in which the written justification requirement of section 3313(b) of title 41, United States Code, as added by subsection (a), may be met, including a requirement that each use of an education requirement be separately determined, justified, and reviewed.
In the case of a solicitation in which education requirements are included, instructions on how alternative certifications, industry-recognized credentials, and work-based learning programs, including apprenticeships, may satisfy such requirements.
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.
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).
Definitions— In this section:
Education requirement— The term education requirement includes a requirement that can be met through—
education;
experience; or
a combination of education and experience.
Executive agency— The term executive agency has the meaning given that term in section 133 of title 41, United States Code.