
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC1501]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
              CHAPTER 25--INFORMATION TECHNOLOGY MANAGEMENT
 
   SUBCHAPTER IV--ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS
 
Sec. 1501. On-line multiple award schedule contracting


(a) Automation of multiple award schedule contracting

    In order to provide for the economic and efficient procurement of 
information technology and other commercial items, the Administrator of 
General Services shall provide, not later than January 1, 1998, 
Government-wide on-line computer access to information on products and 
services that are available for ordering under the multiple award 
schedules.

(b) Functions

    (1) The system for providing on-line computer access shall have the 
capability to perform the following functions:
        (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.
        (C) Enable users to make on-line computer comparisons of the 
    prices, features, and performance of similar products and services 
    offered by various vendors.

    (2) The system for providing on-line computer access shall 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

        Upon certification by the Administrator of General Services that 
    the system for providing on-line computer access meets the 
    requirements of subsection (b)(1) of this section and was used as 
    required by subsection (b)(2) of this section 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 establishes 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 determines as being required by law or as 
            being 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) 
            of this section.

              (3) Comptroller General review and report

        (A) Not later than three years after the date on which the pilot 
    program is established, the Comptroller General of the United States 
    shall review the pilot program and report to the Congress on the 
    results of the pilot program.
        (B) 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 such 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

        The Administrator may withdraw a multiple award schedule or 
    portion of a schedule from the pilot program if the Administrator 
    determines that (A) price competition is not available under such 
    schedule or portion thereof, or (B) the cost to the Government for 
    that schedule or portion thereof for the previous year was higher 
    than it would have been if the contracts for such schedule or 
    portion thereof had been awarded using procedures that would apply 
    if the pilot program were not in effect. The Administrator shall 
    notify Congress at least 30 days before the date on which the 
    Administrator withdraws a schedule or portion thereof under this 
    paragraph. The authority under this paragraph may not be delegated.

                  (5) Termination of pilot program

        Unless reauthorized by law, the authority of the Administrator 
    to award contracts under the pilot program shall expire four years 
    after the date on which the pilot program is established. Contracts 
    entered into before the authority expires shall remain in effect in 
    accordance with their terms notwithstanding the expiration of the 
    authority to award new contracts under the pilot program.

(Pub. L. 104-106, div. E, title LIV, Sec. 5401, Feb. 10, 1996, 110 Stat. 
695; Pub. L. 105-85, div. A, title VIII, Sec. 850(f)(2), Nov. 18, 1997, 
111 Stat. 1849.)


                               Amendments

    1997--Subsec. (a). Pub. L. 105-85, Sec. 850(f)(2)(A), struck out 
``through the Federal Acquisition Computer Network (in this section 
referred to as `FACNET')'' after ``Services shall provide'' and struck 
out at end ``If the Administrator determines it is not practicable to 
provide such access through FACNET, the Administrator shall provide such 
access through another automated system that has the capability to 
perform the functions listed in subsection (b)(1) of this section and 
meets the requirement of subsection (b)(2) of this section.''
    Subsec. (b). Pub. L. 105-85, Sec. 850(f)(2)(B), substituted 
``Functions'' for ``Additional FACNET functions'' in heading, ``The 
system for providing on-line computer access'' for ``In addition to the 
functions specified in section 426(b) of title 41, the FACNET 
architecture'' in par. (1), and ``The system for providing on-line 
computer access'' for ``The FACNET architecture'' in par. (2).
    Subsec. (c)(1). Pub. L. 105-85, Sec. 850(f)(2)(C), substituted ``the 
system for providing on-line computer access'' for ``the FACNET 
architecture''.
    Subsec. (d). Pub. L. 105-85, Sec. 850(f)(2)(D), struck out heading 
and text of subsec. (d). Text read as follows: ``In this section, the 
term `FACNET' means the Federal Acquisition Computer Network established 
under section 426 of title 41.''


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-85 effective 180 days after Nov. 18, 1997, 
see section 850(g) of Pub. L. 105-85, set out as a note under section 
2302c of Title 10, Armed Forces.


                             Effective Date

    Subchapter effective 180 days after Feb. 10, 1996, see section 5701 
of Pub. L. 104-106, set out as a note under section 1401 of this title.
