Comment on DOD-2026-OS-1321-0001
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Summary: The commenter provides technical guidance on the legal authorities and waivers required for the Civilian Acquisition Workforce Personnel Demonstration Project. They recommend establishing new flexibilities under 5 U.S.C. 4703 and including all necessary waivers to ensure the project aligns with existing legislative frameworks.
The FY11 NDAA §1101 clarified that the FY08 NDAA §1107 authorized STRLs to share and adopt flexibilities within the STRL community. That legislation specifically referenced its applicability to the STRLs identified in the FY10 NDAA §1105(a), meaning the adoption authority applies only to STRLs. It is further recommended that the FRN state that it is implementing authorities already proven within the STRL demonstration project community, as these flexibilities have been long‑standing.
When STRLs adopt and share flexibilities within the STRL community, they are required to implement the associated waivers that are part of each adopted flexibility. In this FRN, the only waiver referenced is 5 U.S.C. 3326, which does not apply to any of the authorities being adopted. Each flexibility incorporated from the STRL community normally requires specific waivers to provisions in 5 U.S.C. and 5 CFR, and those waivers must accompany the flexibility when it is adopted.
The recommended approach is to establish new flexibilities under the authority of 5 U.S.C. 4703, include all applicable waivers required for those flexibilities, and reference each flexibility as a proven authority already validated within the STRL demonstration project community to fully describe and establish flexibilities.