41 U.S.C. § 433 : US Code - Section 433: Acquisition workforce

Search 41 U.S.C. § 433 : US Code - Section 433: Acquisition workforce

(a) Applicability
Except as provided in subsection (h)(3) of this section, this
section does not apply to an executive agency that is subject to
chapter 87 of title 10.
(b) Management policies
(1) Policies and procedures
The head of each executive agency, after consultation with the
Administrator for Federal Procurement Policy, shall establish
policies and procedures for the effective management (including
accession, education, training, career development, and
performance incentives) of the acquisition workforce of the
agency. The development of acquisition workforce policies under
this section shall be carried out consistent with the merit
system principles set forth in section 2301(b) of title 5.
(2) Uniform implementation
The head of each executive agency shall ensure that, to the
maximum extent practicable, acquisition workforce policies and
procedures established are uniform in their implementation
throughout the agency.
(3) Government-wide policies and evaluation
The Administrator shall issue policies to promote uniform
implementation of this section by executive agencies, with due
regard for differences in program requirements among agencies
that may be appropriate and warranted in view of the agency
mission. The Administrator shall coordinate with the Deputy
Director for Management of the Office of Management and Budget to
ensure that such policies are consistent with the policies and
procedures established and enhanced system of incentives provided
pursuant to section 5051(c) of the Federal Acquisition
Streamlining Act of 1994 (41 U.S.C. 263 note). The Administrator
shall evaluate the implementation of the provisions of this
section by executive agencies.
(c) Senior procurement executive authorities and responsibilities
Subject to the authority, direction, and control of the head of
an executive agency, the senior procurement executive of the agency
shall carry out all powers, functions, and duties of the head of
the agency with respect to implementation of this section. The
senior procurement executive shall ensure that the policies of the
head of the executive agency established in accordance with this
section are implemented throughout the agency.
(d) Management information systems
The Administrator shall ensure that the heads of executive
agencies collect and maintain standardized information on the
acquisition workforce related to implementation of this section. To
the maximum extent practicable, such data requirements shall
conform to standards established by the Office of Personnel
Management for the Central Personnel Data File.
(e) Applicability to acquisition workforce
The programs established by this section shall apply to the
acquisition workforce of each executive agency. For purposes of
this section, the acquisition workforce of an agency consists of
all employees serving in acquisition positions listed in subsection
(g)(1)(A) of this section.
(f) Career development
(1) Career paths
The head of each executive agency shall ensure that appropriate
career paths for personnel who desire to pursue careers in
acquisition are identified in terms of the education, training,
experience, and assignments necessary for career progression to
the most senior acquisition positions. The head of each executive
agency shall make information available on such career paths.
(2) Critical duties and tasks
For each career path, the head of each executive agency shall
identify the critical acquisition-related duties and tasks in
which, at minimum, employees of the agency in the career path
shall be competent to perform at full performance grade levels.
For this purpose, the head of the executive agency shall provide
appropriate coverage of the critical duties and tasks identified
by the Director of the Federal Acquisition Institute.
(3) Mandatory training and education
For each career path, the head of each executive agency shall
establish requirements for the completion of course work and
related on-the-job training in the critical acquisition-related
duties and tasks of the career path. The head of each executive
agency shall also encourage employees to maintain the currency of
their acquisition knowledge and generally enhance their knowledge
of related acquisition management disciplines through academic
programs and other self-developmental activities.
(4) Performance incentives
The head of each executive agency shall provide for an enhanced
system of incentives for the encouragement of excellence in the
acquisition workforce which rewards performance of employees that
contribute to achieving the agency's performance goals. The
system of incentives shall include provisions that -
(A) relate pay to performance (including the extent to which
the performance of personnel in such workforce contributes to
achieving the cost goals, schedule goals, and performance goals
established for acquisition programs pursuant to section 263(b)
of this title); and
(B) provide for consideration, in personnel evaluations and
promotion decisions, of the extent to which the performance of
personnel in such workforce contributes to achieving such cost
goals, schedule goals, and performance goals.
(g) Qualification requirements
(1) In general
(A) Subject to paragraph (2), the Administrator shall establish
qualification requirements, including education requirements, for
the following positions:
(i) Entry-level positions in the General Schedule Contracting
series (GS-1102).
(ii) Senior positions in the General Schedule Contracting
series (GS-1102).
(iii) All positions in the General Schedule Purchasing series
(GS-1105).
(iv) Positions in other General Schedule series in which
significant acquisition-related functions are performed.
(B) Subject to paragraph (2), the Administrator shall prescribe
the manner and extent to which such qualification requirements
shall apply to any person serving in a position described in
subparagraph (A) at the time such requirements are established.
(2) Relationship to requirements applicable to defense
acquisition workforce
The Administrator shall establish qualification requirements
and make prescriptions under paragraph (1) that are comparable to
those established for the same or equivalent positions pursuant
to chapter 87 of title 10 with appropriate modifications.
(3) Approval of requirements
The Administrator shall submit any requirement established or
prescription made under paragraph (1) to the Director of the
Office of Personnel Management for approval. If the Director does
not disapprove a requirement or prescription within 30 days after
the date on which the Director receives it, the requirement or
prescription is deemed to be approved by the Director.
(h) Education and training
(1) Funding levels
(A) The head of an executive agency shall set forth separately
the funding levels requested for education and training of the
acquisition workforce in the budget justification documents
submitted in support of the President's budget submitted to
Congress under section 1105 of title 31.
(B) Funds appropriated for education and training under this
section may not be obligated for any other purpose.
(2) Tuition assistance
The head of an executive agency may provide tuition
reimbursement in education (including a full-time course of study
leading to a degree) in accordance with section 4107 of title 5
for personnel serving in acquisition positions in the agency.
(3) Acquisition workforce training fund
(A) The Administrator of General Services shall establish an
acquisition workforce training fund. The Administrator shall
manage the fund through the Federal Acquisition Institute to
support the training of the acquisition workforce of the
executive agencies, except as provided in subparagraph (D). The
Administrator shall consult with the Administrator for Federal
Procurement Policy in managing the fund.
(B) There shall be credited to the acquisition workforce
training fund 5 percent of the fees collected by executive
agencies (other than the Department of Defense) under the
following contracts:
(i) Governmentwide task and delivery-order contracts entered
into under sections 253h and 253i of this title.
(ii) Governmentwide contracts for the acquisition of
information technology as defined in section 11101 of title 40
and multiagency acquisition contracts for such technology
authorized by section 11314 of such title.
(iii) Multiple-award schedule contracts entered into by the
Administrator of General Services.
(C) The head of an executive agency that administers a contract
described in subparagraph (B) shall remit to the General Services
Administration the amount required to be credited to the fund
with respect to such contract at the end of each quarter of the
fiscal year.
(D) The Administrator of General Services shall transfer to the
Secretary of Defense fees collected from the Department of
Defense pursuant to subparagraph (B), to be used by the Defense
Acquisition University for purposes of acquisition workforce
training.
(E) The Administrator of General Services, through the Office
of Federal Acquisition Policy, shall ensure that funds collected
for training under this section are not used for any purpose
other than the purpose specified in subparagraph (A).
(F) Amounts credited to the fund shall be in addition to funds
requested and appropriated for education and training referred to
in paragraph (1).
(G) Amounts credited to the fund shall remain available to be
expended only in the fiscal year for which credited and the two
succeeding fiscal years.
(H) This paragraph shall cease to be effective five years after
November 24, 2003.