§ 426. — Use of electronic commerce in Federal procurement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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 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.
(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; Pub. L. 106-398,
Sec. 1 [[div. A], title VIII, Sec. 810(d)], Oct. 30, 2000, 114 Stat.
1654, 1654A-210.)
Amendments
2000--Subsec. (e). Pub. L. 106-398, Sec. 1 [[div. A], title VIII,
Sec. 810(d)(1)], substituted ``Not later than March 1 of each even-
numbered year through 2004'' for ``Not later than March 1, 1998, and
every year afterward through 2003'' in introductory provisions.
Subsec. (e)(4). Pub. L. 106-398, Sec. 1 [[div. A], title VIII,
Sec. 810(d)(2)], substituted ``An'' for ``Beginning with the report
submitted on March 1, 1999, an'' and ``two fiscal years'' for ``calendar
year''.
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 2000 Amendment
Amendment by Pub. L. 106-398 effective Oct. 1, 2000, see section 1
[[div. A], title VIII, Sec. 810(e)] of Pub. L. 106-398, set out as a
note under section 637 of Title 15, Commerce and Trade.
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.
