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U.S. Code, Title 41, Public Contracts
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 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.
(Pub. L. 93–400, § 23, as added Pub. L. 103–355, title VI, § 6002(a), Oct. 13, 1994, 108 Stat. 3363.)
A prior section 419, Pub. L. 93–400, § 23, formerly § 21, as added Pub. L. 98–369, div. B, title VII, § 2732(a), July 18, 1984, 98 Stat. 1198; renumbered § 23, Pub. L. 98–577, title III, § 301(a), Oct. 30, 1984, 98 Stat. 3074, related to annual report to be submitted to Congress by agency heads concerning actions taken to increase competition for contracts and reduce number and dollar value of noncompetitive contracts, prior to repeal by Pub. L. 103–355, title I, § 1092.
For effective date and applicability of section, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 251 of this title.
Requirement for Guidance and Regulations
Section 6002(b) of Pub. L. 103–355 provided that: "The Federal Acquisition Regulatory Council established by section 25(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(a)) shall—
"(1) review part 37 of title 48 of the Code of Federal Regulations as it relates to the use of advisory and assistance services; and
"(2) provide guidance and promulgate regulations regarding—
"(A) what actions Federal agencies are required to take to determine whether expertise is readily available within the Federal Government before contracting for advisory and technical services to conduct acquisitions; and
"(B) the manner in which personnel with expertise may be shared with agencies needing expertise for such acquisitions."
Contents:
Chicago:
"U.S. Congress, Office of the Law Revision Counsel", "§ 419. Contracting Functions Performed by Federal Personnel," U.S. Code, Title 41, Public Contracts in U.S. Code, Title 41, Public Contracts (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed July 3, 2025, http://www.originalsources.com/Document.aspx?DocID=84VFEWL4CUJ4LMJ.
MLA:
"U.S. Congress, Office of the Law Revision Counsel". "§ 419. Contracting Functions Performed by Federal Personnel." U.S. Code, Title 41, Public Contracts, in U.S. Code, Title 41, Public Contracts, Washington, D.C., Government Printing Office, 2002, Original Sources. 3 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=84VFEWL4CUJ4LMJ.
Harvard:
"U.S. Congress, Office of the Law Revision Counsel", '§ 419. Contracting Functions Performed by Federal Personnel' in U.S. Code, Title 41, Public Contracts. cited in 2002, U.S. Code, Title 41, Public Contracts, Government Printing Office, Washington, D.C.. Original Sources, retrieved 3 July 2025, from http://www.originalsources.com/Document.aspx?DocID=84VFEWL4CUJ4LMJ.
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