USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.

SEC. 850. USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT. (a) Policy.—Section 30 of the Office of Federal Procurement Policy Act (41 U.S.C. 426) is amended to read as follows: “SEC. 30. USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT. “(a) In General.—The head of each executive agency, after consulting with the Administrator, shall establish, maintain, and use, to the maximum extent that is practicable and cost-effective, procedures and processes that employ electronic commerce in the conduct and administration of its procurement system. “(b) Applicable Standards.—In conducting electronic commerce, the head of an agency shall apply nationally and internationally recognized standards that broaden interoperability and ease the electronic interchange of information. “(c) Agency Procedures.—The head of each executive agency shall ensure that systems, technologies, procedures, and processes established pursuant to this section— “(1) are implemented with uniformity throughout the agency, to the extent practicable; “(2) are implemented only after granting due consideration to the use or partial use, as appropriate, of existing electronic commerce and electronic data interchange systems and infrastructures such the Federal acquisition computer network architecture known as FACNET; “(3) facilitate access to Federal Government procurement opportunities, including opportunities for small business concerns, socially and economically disadvantaged small business concerns, and business concerns owned predominantly by women; and “(4) ensure that any notice of agency requirements or agency solicitation for contract opportunities is provided in a form that allows convenient and universal user access through a single, Government-wide point of entry. “(d) Implementation.—The Administrator shall, in carrying out the requirements of this section— “(1) issue policies to promote, to the maximum extent practicable, uniform implementation of this section by executive agencies, with due regard for differences in program requirements among agencies that may require departures from uniform procedures and processes in appropriate cases, when warranted because of the agency mission; “(2) ensure that the head of each executive agency complies with the requirements of subsection (c) with respect to the agency systems, technologies, procedures, and processes established pursuant to this section; and111 STAT. 1848 “(3) 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. “(e) Report.—Not later than March 1, 1998, and every year afterward through 2003, the Administrator shall submit to Congress a report setting forth in detail the progress made in implementing the requirements of this section. The report shall include the following: “(1) A strategic plan for the implementation of a Government-wide electronic commerce capability. “(2) An agency-by-agency summary of implementation of the requirements of subsection (c), including timetables, as appropriate, addressing when individual agencies will come into full compliance. “(3) A specific assessment of compliance with the requirement in subsection (c) to provide universal public access through a single, Government-wide point of entry. “(4) Beginning with the report submitted on March 1, 1999, an agency-by-agency summary of the volume and dollar value of transactions that were conducted using electronic commerce methods during the previous calendar year. “(5) A discussion of possible incremental changes to the electronic commerce capability referred to in subsection (c)(4) to increase the level of government contract information available to the private sector, including an assessment of the advisability of including contract award information in the electronic commerce functional standard. “(f) Electronic Commerce Defined.—For the purposes of this section, the term ‘electronic commerce’ means electronic techniques for accomplishing business transactions, including electronic mail or messaging, World Wide Web technology, electronic bulletin boards, purchase cards, electronic funds transfers, and electronic data interchange.”. (b) Repeal of Requirements for Implementation of FACNET Capability.—Section 30A of the Office of Federal Procurement Policy Act (41 U.S.C. 426a) is repealed. (c) Repeal of Requirement for GAO Report.—Section 9004 of the Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 426a note) is repealed. (d) Repeal of Condition for Use of Simplified Acquisition Procedures.—Section 31 of the Office of Federal Procurement Policy Act (41 U.S.C. 427) is amended— (1) by striking out subsection (e); and (2) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. (e) Amendments to Procurement Notice Requirements.—(1) Section 8(g)(1) of the Small Business Act (15 U.S.C. 637(g)(1)) is amended— (A) by striking out subparagraphs (A) and (B); (B) by redesignating subparagraphs (C), (D), (E), (F), (G), and (H) as subparagraphs (B), (C), (D), (E), (F), and (G), respectively; and (C) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):111 STAT. 1849 “(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be conducted by— “(i) using widespread electronic public notice of the solicitation in a form that allows convenient and universal user access through a single, Government-wide point of entry; and “(ii) permitting the public to respond to the solicitation electronically.”. (2) Section 18(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(c)(1)) is amended— (A) by striking out subparagraphs (A) and (B); (B) by redesignating subparagraphs (C), (D), (E), (F), (G), and (H) as subparagraphs (B), (C), (D), (E), (F), and (G), respectively; and (C) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): “(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be conducted by— “(i) using widespread electronic public notice of the solicitation in a form that allows convenient and universal user access through a single, Government-wide point of entry; and “(ii) permitting the public to respond to the solicitation electronically.”. (3) The amendments made by paragraphs (1) and (2) shall be implemented in a manner consistent with any applicable international agreements. (f) Conforming and Technical Amendments.—(1) Section 5061 of the Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 413 note) is amended— (A) in subsection (c)(4)— (i) by striking out “the Federal acquisition computer network (‘FACNET’)” and inserting in lieu thereof “the electronic commerce”; and (ii) by striking out “(as added by section 9001)”; and (B) in subsection (e)(9)(A), by striking out “, or by dissemination through FACNET,”. (2) Section 5401 of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106; 40 U.S.C. 1501) is amended— (A) in subsection (a)— (i) by striking out “through the Federal Acquisition Computer Network (in this section referred to as ‘FACNET’)”; and (ii) by striking out the last sentence; (B) in subsection (b)— (i) by striking out “Additional FACNET Functions.—” and all that follows through “(41 U.S.C. 426(b)), the FACNET architecture” and inserting in lieu thereof “FUNCTIONS.—(1) The system for providing on-line computer access”; and (ii) in paragraph (2), by striking out “The FACNET architecture” and inserting in lieu thereof “The system for providing on-line computer access”;111 STAT. 1850 (C) in subsection (c)(1), by striking out “the FACNET architecture” and inserting in lieu thereof “the system for providing on-line computer access”; and (D) by striking out subsection (d). (3) (A) Section 2302c of title 10, United States Code, is amended to read as follows: “§ 2302c. Implementation of electronic commerce capability “(a) Implementation of Electronic Commerce Capability.—(1) The head of each agency named in paragraphs (1), (5), and (6) shall implement the electronic commerce capability required by section 30 of the Office of Federal Procurement Policy Act (41 U.S.C. 426). “(2) The Secretary of Defense shall act through the Under Secretary of Defense for Acquisition and Technology to implement the capability within the Department of Defense. “(3) In implementing the electronic commerce capability pursuant to paragraph (1), the head of an agency referred to in paragraph (1) shall consult with the Administrator for Federal Procurement Policy. “(b) Designation of Agency Official.—The head of each agency named in paragraph (5) or (6) of section 2303 of this title shall designate a program manager to implement the electronic commerce capability for that agency. The program manager shall report directly to an official at a level not lower than the senior procurement executive designated for the agency under section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)).”. (B) Section 2304(g)(4) of such title is amended by striking out “31(g)” and inserting in lieu thereof “31(f)”. (4) (A) Section 302C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252c) is amended to read as follows: “SEC. 302C. IMPLEMENTATION OF ELECTRONIC COMMERCE CAPABILITY. “(a) Implementation of Electronic Commerce Capability.—(1) The head of each executive agency shall implement the electronic commerce capability required by section 30 of the Office of Federal Procurement Policy Act (41 U.S.C. 426). “(2) In implementing the electronic commerce capability pursuant to paragraph (1), the head of an executive agency shall consult with the Administrator for Federal Procurement Policy. “(b) Designation of Agency Official.—The head of each executive agency shall designate a program manager to implement the electronic commerce capability for that agency. The program manager shall report directly to an official at a level not lower than the senior procurement executive designated for the executive agency under section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)).”. (B) Section 303(g)(5) of the Federal Property and Administrative Services Act (41 U.S.C. 253(g)(5)) is amended by striking out “31(g)” and inserting in lieu thereof “31(f)”. (g) Effective Date.—(1) Except as provided in paragraph (2), the amendments made by this section shall take effect 180 days after the date of the enactment of this Act. (2) The repeal made by subsection (c) of this section shall take effect on the date of the enactment of this Act.111 STAT. 1851