Sec. 118. Exemption from government contracting and hiring rules

294 words·~1 min read·/bill/115/s/1757/pcs/section-118

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Notwithstanding any other provision of law, in implementing this title— the requirement under section 3301 of title 41, United States Code, to obtain a full and open competition through the use of competitive procedures shall not apply; and any executive agency entering into the contract may use noncompetitive procedures in accordance with section 3304 of such title. The determination of an executive agency under section 3304 of title 41, United States Code, to use noncompetitive procedures shall not be subject to challenge by protest to— the Comptroller General of the United States under subchapter V of chapter 35 of title 31, United States Code; or the Court of Federal Claims under section 1491 of title 28, United States Code.

Notwithstanding any other provision of law, in implementing this title, the Secretary of Homeland Security and the Attorney General may appoint employees on a term, temporary limited, or part-time basis without regard to— the number of such employees; the ratio between the number of such employees and the number of permanent full-time employees; and the duration of such employees’ employment. Nothing in chapter 71 of title 5, United States Code, shall affect the authority of the Department of Homeland Security or the Department of Justice to hire employees under this title on a temporary limited or part-time basis.

The head of an executive agency entering into a contract or hiring employees pursuant to authority provided under subsection

(a)or

(b)shall— immediately submit to the appropriate congressional committees written notification of the use of such authority; and submit to those committees a quarterly report estimating amounts to be expended pursuant to such authority. In this section, the term executive agency has the meaning given the term in section 133 of title 41, United States Code.