On-line multiple award schedule contracting

§ 11701. On-line multiple award schedule contracting (a) Automation of Multiple Award Schedule Contracting.— To provide for the economic and efficient procurement of information technology and other commercial items, the Administrator of General Services shall provide Federal Government-wide on-line computer access to information on products and services that are available for ordering through the multiple award schedules. (b) Requirements.—The system for providing on-line computer access shall— (1) have the capability to— (A) provide basic information on prices, features, and performance of all products and services available for ordering through the multiple award schedules; (B) provide for updating that information to reflect changes in prices, features, and performance as soon as information on the changes becomes available; and (C) enable users to make on-line computer comparisons of the prices, features, and performance of similar products and services offered by various vendors; and (2) be used to place orders under the multiple award schedules in a fiscal year for an amount equal to at least 60 percent of the total amount spent for all orders under the multiple award schedules in that fiscal year. (c) Streamlined Procedures.— (1) Pilot program.—On certification by the Administrator of General Services that the system for providing on-line computer access meets the requirements of subsection (b)(1) and was used as required by subsection (b)(2) in the fiscal year preceding the fiscal year in which the certification is made, the Administrator for Federal Procurement Policy may establish a pilot program to test streamlined procedures for the procurement of information technology products and services available for ordering through the multiple award schedules. (2) Applicability to multiple award schedule contracts.—Except as provided in paragraph (4), the pilot program shall be applicable to all multiple award schedule contracts for the purchase of information technology and shall test the following procedures: (A) A procedure under which negotiation of the terms and conditions for a covered multiple award schedule contract is limited to terms and conditions other than price. (B) A procedure under which the vendor estabfishes the prices under a covered multiple award schedule contract and may adjust those prices at any time in the discretion of the vendor. (C) A procedure under which a covered multiple award schedule contract is awarded to any responsible offeror that— (i) has a suitable record of past performance, which may include past performance on multiple award schedule contracts; (ii) agrees to terms and conditions that the Administrator for Federal Procurement Policy determines are 116 STAT. 1251 required by law or are appropriate for the purchase of commercial items; and (iii) agrees to establish and update prices, features, and performance and to accept orders electronically through the automated system established pursuant to subsection (a). (3) Comptroller general review and report.— (A) Authority to conduct review and make report.— Not later than three years after the date on which the pilot program is established, the Comptroller General shall review the pilot program and report to Congress on the results of the pilot program. (B) Content of report.—The report shall include the following: (i) An evaluation of the extent to which there is competition for the orders placed under the pilot program. (ii) The effect that the streamlined procedures under the pilot program have on prices charged under multiple award schedule contracts. (iii) The effect that those procedures have on paperwork requirements for multiple award schedule contracts and orders. (iv) The impact of the pilot program on small businesses and socially and economically disadvantaged small businesses. (4) Withdrawal of schedule or portion of schedule FROM PILOT PROGRAM.— (A) When allowed.—The Administrator for Federal Procurement Policy may withdraw a multiple award schedule or portion of a schedule from the pilot program if the Administrator determines that— (i) price competition is not available under that schedule or portion of that schedule; or (ii) the cost to the Government for that schedule or portion for the previous year was higher than it would have been if the contract for that schedule or portion had been awarded using procedures that would apply if the pilot program were not in effect. (B) Notice.—The Administrator for Federal Procurement Policy shall notify Congress at least 30 days before the date on which the Administrator withdraws a schedule or portion under this paragraph. (C) Authority not delegable.—The authority under this paragraph may not be delegated. (5) Termination of pilot program.—Unless reauthorized by law, the authority of the Administrator for Federal Procurement Policy to award contracts under the pilot program shall expire four years after the date on which the pilot program is established. A contract entered into before the authority expires remains in effect according to the terms of the contract after the expiration of the authority to award new contracts under the pilot program. 116 STAT. 1252