Homeland Security and Governmental Affairs Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
This bill, titled the "Allowing Contractors to Choose Employees for Select Skills Act" or "ACCESS Act," amends title 41 of the U.S. Code to restrict the use of minimum educational requirements in federal contract solicitations. Specifically, it prohibits agencies from requiring specific degrees or educational attainments for proposed contractor personnel unless the contracting officer provides a detailed written justification. This justification must explain why the agency's needs cannot be met without such a requirement and clarify how it ensures those needs are met, thereby promoting a focus on skills and experience over formal education. The legislation mandates that the Office of Management and Budget (OMB) issue guidance within 180 days of enactment, providing instructions for contracting officers on justifying educational requirements and encouraging the use of alternatives. It also repeals a previous related section of law (Section 813 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) once the OMB guidance becomes effective. Furthermore, the Government Accountability Office (GAO) is required to submit a report within three years evaluating executive agency compliance with these new provisions, which will apply to solicitations issued 15 months after the bill's enactment.
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ACCESS Act
USA119th CongressS-79| Senate
| Updated: 1/13/2025
This bill, titled the "Allowing Contractors to Choose Employees for Select Skills Act" or "ACCESS Act," amends title 41 of the U.S. Code to restrict the use of minimum educational requirements in federal contract solicitations. Specifically, it prohibits agencies from requiring specific degrees or educational attainments for proposed contractor personnel unless the contracting officer provides a detailed written justification. This justification must explain why the agency's needs cannot be met without such a requirement and clarify how it ensures those needs are met, thereby promoting a focus on skills and experience over formal education. The legislation mandates that the Office of Management and Budget (OMB) issue guidance within 180 days of enactment, providing instructions for contracting officers on justifying educational requirements and encouraging the use of alternatives. It also repeals a previous related section of law (Section 813 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) once the OMB guidance becomes effective. Furthermore, the Government Accountability Office (GAO) is required to submit a report within three years evaluating executive agency compliance with these new provisions, which will apply to solicitations issued 15 months after the bill's enactment.