HR5235-119

What This Bill Does

This bill adds a new title 41 rule on contractor education requirements. A federal solicitation may not require proposed contractor personnel to meet a minimum education requirement unless the contracting officer includes a written justification explaining why the agency's needs cannot be met without that requirement and how the requirement ensures those needs are met. The bill defines education to include associate, baccalaureate, graduate, or professional degrees, specified coursework, or other collegiate educational attainment.

OMB must issue guidance within 180 days for agency heads and contracting officers. That guidance must include instructions for determining, justifying, and reviewing each use of an education requirement and must encourage alternatives to education requirements. The rule applies to solicitations issued 15 months after enactment. A related defense acquisition education rule implemented in FAR subpart 39.104 is repealed when the OMB guidance becomes effective. GAO must evaluate executive agency compliance within three years.

Who Benefits and How

Skilled workers without college degrees benefit because federal contractors can compete with them more easily when degree requirements are not justified. Federal contractors using skills-based hiring benefit from fewer categorical education screens in solicitations. Small federal contractors benefit if they can propose experienced personnel without losing eligibility over degree language. Contracting agencies benefit from a broader labor pool and a documented process for using education requirements only when needed. OMB procurement policy staff benefit from clear authority to standardize guidance across agencies.

Who Bears the Burden and How

Federal contracting officers must write, determine, justify, and review education requirements when they use them. Executive agency procurement offices must update solicitation templates and train staff. OMB must issue implementation guidance within 180 days. GAO must evaluate agency compliance after three years. Contractors that market degree-heavy staffing models may lose an advantage in competitions. Colleges and credentialing programs may lose some federal contracting leverage if solicitations shift toward skills and experience alternatives.

Key Provisions

• Prohibits minimum education requirements for proposed contractor personnel unless justified in writing.
• Requires justifications to explain why agency needs cannot be met without the education requirement.
• Directs OMB to issue implementation guidance within 180 days.
• Requires OMB guidance to encourage alternatives to education requirements.
• Delays application to solicitations issued 15 months after enactment.
• Repeals the related FAR education rule when OMB guidance becomes effective.
• Requires GAO to evaluate agency compliance after three years.