§ 2301. Use of electronic commerce in Federal procurement
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(a)Definition.— 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.
(b)Establishment, Maintenance, and Use of Electronic Commerce Procedures and Processes.— 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 the procurement system of the agency.
(c)Applicable Standards.— In conducting electronic commerce, the head of an executive agency shall apply nationally and internationally recognized standards that broaden interoperability and ease the electronic interchange of information.
(d)Requirements of Systems, Technologies, Procedures, and Processes.— 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 as 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.
(e)Implementation.— In carrying out the requirements of this section, the Administrator shall—
(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 (d); 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.
(f)Inapplicability to Department of Defense.— In this section, the term “executive agency” does not include the Department of Defense.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3732; Pub. L. 114–328, div. A, title VIII, § 833(b)(5)(A)(ii), Dec. 23, 2016, 130 Stat. 2285.)
In this section, the text of 41:426(e) is omitted as obsolete because the last report was to be submitted not later than March 1, 2004.
In subsection (c), the word “executive” is added for clarity and for consistency in the revised section.
In subsection (e)(2), the words “with respect to the agency systems, technologies, procedures, and processes established pursuant to this section” are omitted as unnecessary.
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- Pub. L. 111–350, § 3
- 124 Stat. 3732
- 130 Stat. 2285
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§ 2301
Use of electronic commerce in Federal procurement
Fed. Reg.×4
U.S.C.×1
Pub. L.Pub. L. 111–350, § 3
Stat.124 Stat. 3732
Stat.130 Stat. 2285
Cites 4Cited by 5 across 2 sources