Us Code § 1709 - Contracting functions performed by Federal personnel
Full text of Us Code United States Code § 1709 — Contracting functions performed by Federal personnel, with citation guidance and answers to common questions.
§ 1709. Contracting functions performed by Federal personnel
(a)
(1) an employee, as defined in section 2105 of title 5;
(2) a member of the armed forces; and
(3) an individual assigned to a Federal agency pursuant to subchapter VI of chapter 33 of title 5.
(b)
(1) a sufficient number of personnel described in subsection (a) in 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
(2) the readily available personnel have the training and capabilities necessary to perform the evaluation or analysis.
(c)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3714.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1709(a) | 41:419(b). | Pub. L. 93–400, §23, as added Pub. L. 103–355, title VI, §6002(a), Oct. 13, 1994, 108 Stat. 3363. |
| 1709(b) | 41:419(a). | |
| 1709(c) | 41:419(c). |
In subsection (a), before paragraph (1), the words "Personnel referred to in subsection (b) are" are substituted for "For purposes of subsection (a) of this section, the personnel described in this subsection are as follows" to eliminate unnecessary words. In paragraph (3), the words "employee from State or local governments" are substituted for "person" for clarity.
Senate Revision Amendment
In subsec. (a)(3), "individual" substituted for "employee from State or local governments" by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. 18682 (2010).
Statutory Notes and Related Subsidiaries
Requirement for Guidance and Regulations
Pub. L. 103–355, title VI, §6002(b), Oct. 13, 1994, 108 Stat. 3363, provided that: "The Federal Acquisition Regulatory Council established by section 25(a) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421(a)) [now 41 U.S.C. 1302(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."
About This Section
41 U.S.C. § 1709 is part of Title 41 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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