41 U.S.C. § 419 : US Code - Section 419: Contracting functions performed by Federal personnel

Search 41 U.S.C. § 419 : US Code - Section 419: Contracting functions performed by Federal personnel

(a) Limitation on payment for advisory and assistance services
(1) No person who is not a person described in subsection (b) of
this section 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) of this section 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) of this section within 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
(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) of this section, the personnel
described in this subsection are as follows:
(1) An employee, as defined in section 2105 of title 5.
(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.
(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.