Page:United States Statutes at Large Volume 108 Part 4.djvu/661

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3295 SEC. 1439. OVERSIGHT OF ACQUISITION OF AUTOMATIC DATA PROCESSING EQUIPMENT BY FEDERAL AGENCIES. Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) is amended by adding at the end the following new subsection: "(h) DATA COLLECTION.— (1) The Administrator shall collect and compile data regarding the procurement of automatic data processing equipment under this section. The data collected and compiled shall include, at a minimum, with regard to each contract for such a procurement, the following: "(A) The procuring agency. "(B) The contractor. "(C) The automatic data processing equipment and services procured. "(D) The manufacturer of the equipment procured. "(E) The amount of the contract, to the extent that the amount is not proprietary information. "(F) The type of contract used. "(G) The extent of competition for award. "(H) Whether compatibility restrictions were used in awarding the contract. "(I) Significant modifications of the contract. "(J) Contract price, to the extent that the price is not proprietary information. "(2) The head of each Federal agency shall report to the Administrator in accordance with regulations issued by the Administrator all information that the Administrator determines necessary in order to satisfy the requirements in paragraph (1). "(3) The Administrator— "(A) shall carry out a systematic, periodic review of information received under this subsection; "(B) shall use such information, as appropriate, to determine the compliance of Federal agencies with the requirements of this section; and , "(C) may take appropriate corrective action regarding an agency^s authority to lease and purchase automatic data processing equipment upon any substantial failure by the head of the agency to report to the Administrator in accordance with this subsection. "(4) The Administrator shall take appropriate corrective action upon failure of a Federal agency to comply with the terms of any delegation of authority to lease or purchase automatic data processing equipment or failure to comply with any applicable law or regulation. "(5) The Administrator shall require in the regulations implementing this subsection that (A) data collected pursuant to this subsection be drawn from existing Federal agency information; and (B) no new or additional information reporting requirements may be imposed on offerors or contractors to collect such data.".