[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR4.502]



[Page 68-69]

 

            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));

    (3) Facilitate access to Government acquisition opportunities by 

small business concerns, small disadvantaged business concerns, women-

owned, veteran-owned, HUBZone, and service-disabled veteran-owned small 

business concerns;



[[Page 69]]



    (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; 70 FR 14954, Mar. 23, 2005]