Page:United States Statutes at Large Volume 110 Part 1.djvu/720

 110 STAT. 696 PUBLIC LAW 104-106—FEB. 10, 1996 access to information on products and services that are available for ordering under the multiple award schedules. 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) and meets the requirement of subsection (b)(2). (b) ADDITIONAL FACNET FUNCTIONS.—(1) In addition to the functions specified in section 30(b) of the Office of Federal Procurement Policy Act (41 U.S.C. 426(b)), the FACNET architecture 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 FACNET architecture 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 FACNET architecture meets the requirements of subsection (b)(1) and was used as required by subsection (b)(2) 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 CON- TRACTS.— 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

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