Page:United States Statutes at Large Volume 124.djvu/3758

 124 STAT. 3732 PUBLIC LAW 111–350—JAN. 4, 2011 CHAPTER 23—MISCELLANEOUS Sec. 2301. Use of electronic commerce in Federal procurement. 2302. Rights in technical data. 2303. Ethics safeguards related to contractor conflicts of interest. 2304. Conflict of interest standards for consultants. 2305. Authority of Director of Office of Management and Budget not affected. 2306. Openness of meetings. 2307. Comptroller General’s access to information. 2308. Modular contracting for information technology. 2309. Protection of constitutional rights of contractors. 2310. Performance-based contracts or task orders for services to be treated as con- tracts for the procurement of commercial items. 2311. Enhanced transparency on interagency contracting and other transactions. 2312. Contingency Contracting Corps. 2313. Database for Federal agency contract and grant officers and suspension and debarment officials. § 2301. Use of electronic commerce in Federal procurement (a) DEFINITION.—For the purposes of this section, the term ‘‘elec- tronic 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 execu- tive 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 inter- nationally 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 pursu- ant 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 infra- structures such as the Federal acquisition computer network architecture known as FACNET; (3) facilitate access to Federal Government procurement opportunities, including opportunities for small business con- cerns, 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 prac- ticable, uniform implementation of this section by executive