
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[810(d)]]
[CITE: 41USC426]

 
                       TITLE 41--PUBLIC CONTRACTS
 
             CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
 
Sec. 426. 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 \1\ 
    the Federal acquisition computer network architecture known as 
    FACNET;
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    \1\ So in original. Probably should be followed by ``as''.
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        (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) of this section with respect to 
    the agency systems, technologies, procedures, and processes 
    established pursuant to this section; and
        (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) of this section, 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) of this section 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) of 
    this section 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.

(Pub. L. 93-400, Sec. 30, as added Pub. L. 103-355, title IX, 
Sec. 9001(a), Oct. 13, 1994, 108 Stat. 3399; Pub. L. 105-85, div. A, 
title VIII, Sec. 850(a), Nov. 18, 1997, 111 Stat. 1847.)


                               Amendments

    1997--Pub. L. 105-85 amended section catchline and text generally. 
Prior to amendment, section consisted of subsecs. (a) to (d) requiring 
the Administrator to establish a program for development and 
implementation of a Federal acquisition computer network architecture to 
be known as FACNET.


                    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

    For effective date and applicability of section, see section 10001 
of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note 
under section 251 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 252c of this title; title 10 
section 2302c.
