Skills-Based Federal Contracting Act
Skills-Based Federal Contracting Act would prohibit federal contract solicitations from including minimum education requirements for proposed contractor personnel, unless a contracting officer provides a written justification in the solicitation explaining why such a requirement is necessary and how it ensures the agency’s needs are met. The bill requires the Office of Management and Budget (OMB) to issue guidance within 180 days to help agencies justify education requirements and encourage alternatives. It applies to solicitations issued 15 months after enactment. The act also repeals a related education-qualification provision from the 2001 NDAA once the new guidance becomes effective and directs a GAO evaluation of agency compliance within three years. Key definitions cover what counts as “education,” what an “education requirement” can entail, and what constitutes an “executive agency.” In short, the bill aims to shift federal contracting toward skills-based hiring by limiting automatic education prerequisites and promoting alternatives such as experience or training, with a structured process for justification when education is deemed necessary.
Key Points
- 1Prohibition with justification: No minimum education requirement may be included in a contract solicitation unless the contracting officer provides a written justification in the solicitation explaining why the agency’s needs cannot be met without the requirement and how it ensures those needs are met.
- 2Guidance and alternatives: OMB must issue guidance within 180 days to help implement the rule, including processes for justification and review, and to encourage using alternatives to education requirements (e.g., demonstrated skills or experience).
- 3Timeline for applicability: The education-requirement prohibition applies to solicitations issued 15 months after enactment.
- 4Repeal of prior rule: The bill repeals a specific provision from the 2001 NDAA related to education requirements once the new OMB guidance is in effect.
- 5Oversight and evaluation: The Comptroller General (GAO) must assess executive agency compliance with the new section within three years and report to Congress.