FEDERAL ACQUISITION COMPUTER NETWORK ARCHITECTURE AND IMPLEMENTATION.

SEC. 9001. FEDERAL ACQUISITION COMPUTER NETWORK ARCHITECTURE AND IMPLEMENTATION. (a) Federal Acquisition Computer Network Architecture.— The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by adding after section 29, as added by section 1093, the following new sections: “SEC. 30. FEDERAL ACQUISITION COMPUTER NETWORK (FACNET) ARCHITECTURE. “(a) In General.— (1) The Administrator shall establish a program for the development and implementation of a Federal acquisition computer network architecture (hereinafter in this section referred to as ‘FACNET) that will be Government-wide and provide interoperability among users. The Administrator shall assign a program manager for FACNET and shall provide for overall direction of policy and leadership in the development, coordination, installation, operation, and completion of implementation of FACNET by executive agencies. “(2) In carrying out paragraph (1), the Administrator shall consult with the heads of appropriate Federal agencies with applicable technical and functional expertise, including the Office of Information and Regulatory Affairs, the National Institute of Standards and Technology, the General Services Administration, and the Department of Defense. “(3) Government-wide FACNET capability (as defined in section 30A(b)) shall be implemented not later than January 1, 2090. “(b) Functions of FACNET.— The FACNET architecture shall provide for the following functions: “(1) Government functions.— Allow executive agencies to do the following electronically: “(A) Provide widespread public notice of solicitations for contract opportunities issued by an executive agency. “(B) Receive responses to solicitations and associated requests for information through such system. “(C) Provide public notice of contract awards (including price) through such system. “(D) In cases in which it is practicable, receive questions regarding solicitations through such system. “(E) In cases in which it is practicable, issue orders to be made through such system. 108 STAT. 3400 “(F) In cases in which it is practicable, make payments to contractors by bank card, electronic funds transfer, or other automated methods. “(G) Archive data relating to each procurement action made using such system. “(2) Private Sector User functions.— Allow private sector users to do the following electronically: “(A) Access notice of solicitations for contract opportunities issued by an executive agency. “(B) Access and review solicitations issued by an executive agency. “(C) Respond to solicitations issued by the executive agency. “(D) In cases in which it is practicable, receive orders from the executive agency. “(E) Access information on contract awards (including price) made by the executive agency. “(F) In cases in which it is practicable, receive payment by bank card, electronic funds transfer, or other automated means. “(3) General functions.— “(A) Allow the electronic interchange of procurement information between the private sector and the Federal Government and among Federal agencies. “(B) Employ nationally and internationally recognized data formats that serve to broaden and ease the electronic interchange of data. “(C) Allow convenient and universal user access through any point of entry. “(c) Notice and Solicitation Regulations.— In connection with implementation of the architecture referred to in subsection (a), the Federal Acquisition Regulatory Council shall ensure that the Federal Acquisition Regulation contains appropriate notice and solicitation provisions applicable to acquisitions conducted through a FACNET capability. The provisions shall specify the required form and content of notices of acquisitions and the minimum periods for notifications of solicitations and for deadlines for the submission of offers under solicitations. Each minimum period specified for a notification of solicitation and each deadline for the submission of offers under a solicitation shall afford potential offerors a reasonable opportunity to respond. “(d) Architecture Defined.— For purposes of this section, the term ‘architecture’ means the conceptual framework that— “(1) uses a combination of commercial hardware and commercial software to enable contractors to conduct business with the Federal Government by electronic means; and “(2) includes a description of the functions to be performed to achieve the mission of streamlining procurement through electronic commerce, the system elements and interfaces needed to perform the functions, and the designation of performance levels of those system elements. “SEC. 30A. FEDERAL ACQUISITION COMPUTER NETWORK IMPLEMENTATION. “(a) Certification of FACNET Capability in Procuring Activities and Agencies.— (1) When the senior procurement executive of an executive agency or, in the case of the Department 108 STAT. 3401of Defense, the Under Secretary of Defense for Acquisition and Technology, determines that a procuring activity of the executive agency has implemented an interim FACNET capability (as defined in subsection (c)), the executive or the Under Secretary shall certify to the Administrator that such activity has implemented an interim FACNET capability. “(2) When the head of an executive agency, with the concurrence of the Administrator for Federal Procurement Policy, determines that the executive agency has implemented a full FACNET capability (as defined in subsection (d)), the head of the executive agency shall certify to Congress that the executive agency has implemented a full FACNET capability. “(3) The head of each executive agency shall provide for implementation of both interim FACNET capability and full FACNET capability, with priority on providing convenient and universal user access as required by section 30(b)(3)(C), in that executive agency as soon as practicable after the date of the enactment of the Federal Acquisition Streamlining Act of 1994. “(b) Certification of Government-Wide FACNET Capability.— When the Administrator for Federal Procurement Policy determines that the Federal Government is making at least 75 percent of eligible contracts in amounts greater than the micro-purchase threshold and not greater than the simplified acquisition threshold entered into by the Government during the preceding fiscal year through a system with full FACNET capability, the Administrator shall certify to Congress that the Government has implemented a Government-wide FACNET capability. “(c) Implementation of interim FACNET Capability.— A procuring activity shall be considered to have implemented an interim FACNET capability if— “(1) with respect to each procurement expected to be in an amount greater than the micro-purchase threshold and not greater than the simplified acquisition threshold, the procuring activity has implemented the FACNET functions described in paragraphs (1)(A), (1)(B), (2)(A), (2)(B), and (2)(C) of section 30(b); and “(2) for each such procurement (other than a procurement for which notice is not required under section 18(c) or with respect to which the head of the procuring activity determines that it is not cost effective or practicable), the procuring activity issues notices of solicitations and receives responses to solicitations through a system having those functions. “(d) Implementation of Full FACNET Capability.— An executive agency shall be considered to have implemented a full FACNET capability if (except in the case of procuring activities (or portions thereof) of the executive agency for which the head of the executive agency determines that implementation is not cost effective or practicable)— “(1) the executive agency has implemented all of the FACNET functions described in section 30(b); and “(2) more than 75 percent of the eligible contracts in amounts greater than the micro-purchase threshold and not greater than the simplified acquisition threshold entered into by the executive agency during the preceding fiscal year have been made through a system with those functions. “(e) Eligible Contracts.— For purposes of subsections (b) and (d), a contract is eligible if it is not in any class of contracts 108 STAT. 3402determined by the Federal Acquisition Regulatory Council (pursuant to section 9004 of the Federal Acquisition Streamlining Act of 1994) to be unsuitable for acquisition through a system with full FACNET capability.”. (b) Technical Amendments.— Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) is amended— (1) in subsection (a)(1)(A), by striking out “notice” in the matter following clause (ii) and inserting in lieu thereof “notice of solicitation”; and (2) in subsection (d), by striking out “a notice under subsection (e)” in the first sentence and inserting in lieu thereof “a notice of solicitation under subsection (a)”.