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Skills-based requirements for Department of Defense contractor personnel

Division A · Title XVIII: Revitalization of the Defense Industrial Base · Subtitle E: Defense Industrial Base Workforce Matters

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The Department of Defense cannot require minimum education levels for contractor personnel unless a written justification explains why it is necessary to meet the Department's needs. Contracting officers must follow new rules that encourage alternatives to education requirements, such as skills assessments or relevant experience, and collect data on how often education requirements are used. These changes will take effect 18 months after the law is enacted, and related previous rules will be repealed once the new regulations are in place.

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Section Text · Sec. 1881.
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(a) In general

Chapter 223 of title 10, United States Code, as amended by section 802, is further amended by inserting after section 3244 the following new section:

3245. Flexibility in contractor education requirements

(a) Prohibition

A solicitation, or a task order or delivery order under an indefinite delivery-indefinite quantity contract, issued by the Department for any procurement of property or services may not set forth any minimum education requirement for proposed contractor personnel in order for an offeror to be eligible for award of a contract (or task or delivery order, as applicable) unless the contracting officer includes in the solicitation (or task order or delivery order, as applicable) a written justification that explains why the needs of the Department cannot be met without any such requirement and clarifies how the requirement ensures the needs are met.

(b) Definitions

In this section:

(1)

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, baccalaureate, graduate, or professional degree 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 (or the appropriate education authority of the District of Columbia) to grant associate or higher degrees.

(2)

The term education requirement includes a requirement that can be met through—

(A)

education alone;

(B)

either education or experience; or

(C)

a combination of education and experience.

(b) Applicability

Section 3245 of title 10, United States Code, as added by subsection (a), shall apply to solicitations, and to task or delivery orders, issued on or after the date that is 18 months after the date of the enactment of this Act.

(c) Regulation

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to carry out such section 3245, including—

(1)

instructions for contracting officers regarding the written justifications required under such section, including a standardized format or template for such justifications;

(2)

instructions encouraging the use of alternatives to education requirements, including skills assessments, relevant work experience, professional certifications, apprenticeship completion, and demonstrated competencies; and

(3)

requirements for data collection on the use of education requirements in solicitations, including the number and type of justifications issued and the rate at which education requirements are used relative to alternative qualifications.

(d) Conforming repeal

Effective at the close of the date on which the Department of Defense Supplement to the Federal Acquisition Regulation is revised as required by subsection (c), section 813 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( Public Law 106–398 ; 114 Stat. 1654A–214) is repealed.