Skills-Based Federal Contracting Act of 2025
Officially: “Skills-Based Federal Contracting Act of 2025” Read the full text
What it does
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1Short title
This section would let the Act be called the Skills-Based Federal Contracting Act.
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1. Short title This Act may be cited as the Skills-Based Federal Contracting Act .
2Use of requirements regarding education of contractor personnel
This section would add a new section 3313 to chapter 33 of title 41 of the United States Code. Under that new section, a solicitation for a federal contract could not set any minimum education requirement for the contractor personnel a bidder proposes to use, as a condition for that bidder to be eligible for award of the contract, unless the contracting officer includes in the solicitation a written justification. That justification would have to explain why the executive agency's needs cannot be met without the education requirement and clarify how the requirement ensures those needs are met. The new section would define "executive agency" by pointing to the definition already used in section 133 of title 41. This section would also add a matching entry to the table of sections for chapter 33 of title 41, listing the new section 3313 by its title. Not later than 180 days after this Act is enacted, this section would require the Director of the Office of Management and Budget to issue guidance to the heads of executive agencies on implementing the new education-requirement rule. That guidance would have to include instructions for contracting officers on preparing the justifications required under section 3313(a), including a requirement that every use of an education requirement be determined, justified, and reviewed, and instructions that encourage contracting officers to use alternatives to education requirements. The new rule created by this section would apply only to solicitations issued on or after the date that is 15 months after the Act's enactment. This section would also repeal section 813 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398), as that section is implemented in subpart 39.104 of the Federal Acquisition Regulation as that subpart read on January 3, 2025. That repeal would take effect on the date the OMB guidance required by this section becomes effective, not immediately when the Act is enacted. Not later than 3 years after enactment, this section would require the Comptroller General to submit to Congress an evaluation of how well executive agencies are complying with new section 3313. Finally, this section would define terms used in new section 3313: "education" would mean an associate, baccalaureate, graduate, or professional degree, specified coursework, or other educational attainment awarded by a junior or community college, college, or university that is either accredited as a collegiate institution by a recognized accrediting agency or approved by the appropriate state education authority under state law to grant associate or higher degrees. "Education requirement" would include any requirement that can be met through education alone, through education or experience, or through a combination of education and experience. "Executive agency" would have the same meaning given that term in section 133 of title 41.
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2. Use of requirements regarding education of contractor personnel (a) 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) 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 any such requirement and clarifies how the requirement ensures the needs are met. (b) Executive agency defined In this section, the term executive agency has the meaning given that term in section 133 of this title. . (b) 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: 3313. Flexibility in contractor education requirements. . (c) OMB guidance Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to the heads of executive agencies for implementing the amendment made by subsection (a) that includes the following: (1) Instructions for contracting officers for the justifications under section 3313(a) of title 41, United States Code, as added by subsection (a), including a requirement that each use of an education requirement be determined, justified, and reviewed. (2) Instructions for contracting officers that encourages the use of alternatives to education requirements. (d) Applicability The amendments made by this section shall apply with respect to solicitations issued on or after the date that is 15 months after the date of the enactment of this Act. (e) Repeal Section 813 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( Public Law 106–398 ; 114 Stat. 1654A–214), as implemented in subpart 39.104 of the Federal Acquisition Regulation, as in effect on January 3, 2025, is repealed as of the date that the guidance required by subsection (c) becomes effective. (f) GAO report Not later than 3 years 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). (g) Definitions In this section: (1) Education The term education means an associate, baccalaureate, graduate, or professional degree, specified coursework, or other form of educational attainment awarded by a junior or community college, college, or university that is accredited as a collegiate institution by a recognized accrediting agency or approved by the appropriate State education authority under State law to grant associate or higher degrees. (2) Education requirement The term education requirement includes a requirement that can be met either through— (A) education alone; (B) education or experience; or (C) a combination of education and experience. (3) Executive agency The term executive agency has the meaning given that term in section 133 of title 41, United States Code.
Where it is
In the House.