S-4631 : Still Just a Bill

S. 4631, also known as the ACCESS Act, seeks to amend Title 41 of the United States Code to address minimum education requirements for contractor personnel in certain federal contract solicitations. Key provisions include:

• Restrictions on Education Requirements: Prohibits solicitations from setting minimum education requirements for contractor personnel unless the contracting officer provides a written justification explaining why the agency's needs cannot be met without such requirements and how the requirement ensures those needs are met.
• OMB Guidance: Mandates the Office of Management and Budget (OMB) to issue guidance to executive agencies on implementing these amendments, including instructions for contracting officers on justifications and encouraging alternatives to education requirements.
• Applicability: The amendments apply to solicitations issued 15 months after the enactment of the Act.
• Repeal of Existing Law: Repeals Section 813 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, as implemented in subpart 39.104 of the Federal Acquisition Regulation, once the OMB guidance becomes effective.
• GAO Report: Requires the Comptroller General to submit a report to Congress evaluating executive agency compliance with the new requirements 36 months after enactment.
• Definitions: Provides definitions for "education," "education requirement," and "executive agency" to clarify the scope and application of the Act.