HR5235-119

What This Bill Does

The enrolled Skills-Based Federal Contracting Act adds section 3313 to title 41. A federal solicitation may not make a contractor's proposed personnel ineligible through a minimum education requirement unless the contracting officer includes a written justification explaining why the agency's needs cannot be met without it and how the requirement meets those needs. OMB must issue implementation guidance within 180 days, require each exception to be determined, justified, and reviewed, and encourage alternatives to degree requirements. The restriction applies to solicitations issued 15 months after enactment. When OMB's guidance takes effect, the bill repeals an older information-technology personnel education provision implemented in FAR subpart 39.104. GAO must evaluate agency compliance within three years. Education includes degrees, coursework, and other attainment from accredited colleges or institutions approved by state or District of Columbia education authorities; an education requirement includes education-only and education-or-experience formulations.

Who Benefits and How

Skilled workers without college degrees benefit because federal contractors may propose them for more contract roles unless an agency supports a specific education threshold in writing. Federal contractors using skills-based hiring and smaller firms with experienced but non-degreed personnel benefit from lower entry barriers and broader access to federal competitions. Graduates of degree-granting institutions approved by the District of Columbia education authority benefit from explicit inclusion in the final definition of recognized education.

Who Bears the Burden and How

Federal contracting officers must determine, write, and support each retained education requirement, explain its connection to agency need, and undergo agency review under OMB guidance. Executive-agency procurement offices must revise solicitation practices after the 15-month transition, while OMB must issue guidance within 180 days and GAO must conduct a three-year compliance evaluation. Contractors whose competitive model depends on degree-heavy staffing may lose an advantage when agencies replace formal education screens with experience or other skills-based alternatives.

Key Provisions

• Prohibits minimum education requirements for proposed contractor personnel unless the solicitation contains a written agency-need justification.
• Requires OMB guidance within 180 days covering determination, justification, review, and alternatives to education requirements.
• Delays application to solicitations issued 15 months after enactment.
• Repeals the prior federal IT personnel education provision when the new guidance takes effect.
• Requires GAO to evaluate executive-agency compliance within three years.
• Defines education and education requirement to cover degrees, coursework, state- or District-approved institutions, and mixed education-or-experience tests.