41 U.S.C. § 426 : US Code - Section 426: Use of electronic commerce in Federal procurement

Search 41 U.S.C. § 426 : US Code - Section 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;
(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 of each even-numbered year through 2004,
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) An agency-by-agency summary of the volume and dollar value
of transactions that were conducted using electronic commerce
methods during the previous two fiscal years.
(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.
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Repealed. Pub. L. 105-85, div. A, title VIII, Sec. 850(b), Nov. 18, 1997, 111 Stat. 1848

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