Bill Summary
This bill aims to amend a section of the United States Code, specifically title 41, in order to require government agencies to take into consideration the existence of qualified training programs when awarding contracts. This means that when evaluating offers for contracts over $25,000,000, the agency must consider whether the offeror has a comprehensive training program for its workforce. The bill also requires the agency to consider the incumbent contractor's efforts in educating, investing, and retaining their workforce when evaluating their past performance. The agency is also instructed to develop incentives for contractors to invest in workforce development. The bill defines "qualified training program" as any program eligible to receive funds under certain federal acts or determined to be a qualified training program by the head of the executive agency. This bill applies to contracts awarded on or after 180 days from the date of enactment.
Possible Impacts
1. This legislation may affect contractors bidding on government contracts over $25,000,000, as they will now be evaluated based on the existence and quality of their training programs. This could potentially limit the number of qualified contractors who are able to compete for these contracts, and could also lead to increased competition among those who do have qualified training programs.
2. Workers employed by contractors with qualified training programs may benefit from this legislation, as it incentivizes their employers to invest in their training and development. This could lead to improved skills and job opportunities for these workers.
3. The government may face challenges in accurately determining the quality of a contractor's training program and how it contributes to their past performance. This could result in legal disputes and delays in the contract award process.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 533 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 533
To amend title 41, United States Code, to require the head of each
executive agency to consider the existence of qualified training
programs of contractors in the award of certain contracts.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 14, 2019
Mr. Brown of Maryland (for himself, Ms. Bonamici, and Ms. Clarke of New
York) introduced the following bill; which was referred to the
Committee on Oversight and Reform
_______________________________________________________________________
A BILL
To amend title 41, United States Code, to require the head of each
executive agency to consider the existence of qualified training
programs of contractors in the award of certain contracts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONSIDERATION OF CONTRACTORS WITH QUALIFIED TRAINING
PROGRAMS.
(a) Consideration of Contractors With Qualified Training
Programs.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by inserting after section 4712 the following
new section:
``Sec. 4713. Consideration of contractors with qualified training
programs
``(a) Consideration.--The head of each executive agency shall, to
the maximum extent practicable, consider the existence of qualified
training programs of contractors by requiring a contracting officer, in
the evaluation of offers for any contract in an amount greater than
$25,000,000--
``(1) to consider the existence of a qualified training
program of an offeror as a factor in the evaluation;
``(2) to give consideration to an offeror that provides
comprehensive training and education programs to develop its
workforce, consistent with needs of the agency; and
``(3) in the consideration of past performance of an
incumbent contractor, to consider the manner in which the
incumbent contractor is educating, investing, and retaining the
contractor's workforce.
``(b) Incentives.--The head of each executive agency shall develop
workforce development investment incentives for contractors.
``(c) Rule of Construction.--Nothing in this section may be
construed as altering or superceding the applicability of existing work
force development investment incentives for contractors.
``(d) Qualified Training Program Defined.--The term `qualified
training program' means any of the following:
``(1) A program eligible to receive funds under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.).
``(2) A program eligible to receive funds under the Carl D.
Perkins Career and Technical Education Act of 2006 (21 U.S.C.
2301 et seq.).
``(3) A program registered under the Act of August 16, 1937
(commonly known as the `National Apprenticeship Act'; Stat.
664, chapter 663; 29 U.S.C. 50 et seq.).
``(4) Any other Federal program determined to be a
qualified training program for purposes of this section by the
head of the executive agency.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4712 the following new item:
``4713. Consideration of contractors with qualified training
programs.''.
(b) Applicability.--This Act and the amendments made by this Act
apply with respect to contracts awarded on or after the date that is
180 days after the date of the enactment of this Act.
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