[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR4.502]

[Page 67-68]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 4_ADMINISTRATIVE MATTERS--Table of Contents
 
             Subpart 4.5_Electronic Commerce in Contracting
 
Sec.  4.502   Policy.

    (a) The Federal Government shall use electronic commerce whenever 
practicable or cost-effective. The use of terms commonly associated with 
paper transactions (e.g., ``copy,'' ``document,'' ``page,'' ``printed,'' 
``sealed envelope,'' and ``stamped'') shall not be interpreted to 
restrict the use of electronic commerce. Contracting officers may 
supplement electronic transactions by using other media to meet the 
requirements of any contract action governed by the FAR (e.g., transmit 
hard copy of drawings).
    (b) Agencies may exercise broad discretion in selecting the hardware 
and software that will be used in conducting electronic commerce. 
However, as required by Section 30 of the OFPP Act (41 U.S.C. 426), the 
head of each agency, after consulting with the Administrator of OFPP, 
shall ensure that systems, technologies, procedures, and processes used 
by the agency to conduct electronic commerce--
    (1) Are implemented uniformly throughout the agency, to the maximum 
extent practicable;
    (2) Are implemented only after considering the full or partial use 
of existing infrastructures, (e.g., the Federal Acquisition Computer 
Network (FACNET));

[[Page 68]]

    (3) Facilitate access to Government acquisition opportunities by 
small business concerns, small disadvantaged business concerns, and 
women-owned small business concerns;
    (4) Include a single means of providing widespread public notice of 
acquisition opportunities through the Governmentwide point of entry and 
a means of responding to notices or solicitations electronically; and
    (5) Comply with nationally and internationally recognized standards 
that broaden interoperability and ease the electronic interchange of 
information, such as standards established by the National Institute of 
Standards and Technology.
    (c) Before using electronic commerce, the agency head shall ensure 
that the agency systems are capable of ensuring authentication and 
confidentiality commensurate with the risk and magnitude of the harm 
from loss, misuse, or unauthorized access to or modification of the 
information.
    (d) Agencies may accept electronic signatures and records in 
connection with Government contracts.

[63 R 58592, Oct. 30, 1998, as amended at 66 FR 27409, May 16, 2001; 68 
FR 28094, May 22, 2003]