Page:United States Statutes at Large Volume 108 Part 4.djvu/767

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PUBLIC LAW 103-355 —OCT. 13, 1994 108 STAT. 3401 of Defense, the Under Secretary of Defense for Acquisition and Technology, determines that a procuring activity of the executive agency has implemented an interim FACNET capability (as defined in subsection (c)), the executive or the Under Secretary shall certify to the Administrator that such activity has implemented an interim FACNET capabihty. "(2) When the head of an executive agency, with the concurrence of the Administrator for Federal Procurement Policy, determines that the executive agency has implemented a full FACNET capability (as defined in subsection (d)), the head of the executive agency shall certify to Congress that the executive agency has implemented a full FACNET capabihty. "(3) The head of each executive agency shall provide for implementation of both interim FACNET capabihty and full FACNET capability, with priority on providing convenient and universal user access as required by section 30(b)(3)(C), in that executive agency as soon as practicable sifter the date of the enactment of the Federal Acquisition Streamlining Act of 1994. "(b) CERTIFICATION OF GOVERNMENT-WIDE FACNET CAPABIL- ITY. —When the Administrator for Federal Procurement Policy determines that the Federal Government is making at least 75 percent of eligible contracts in amounts greater than the micro-purchase threshold and not greater than the simplified acquisition threshold entered into by the Government during the preceding fiscal year through a system with full FACNET capability, the Administrator shall certify to Congress that the Government has implemented a Government-wide FACNBiT capability. "(c) IMPLEMENTATION OF INTERIM FACNET CAPABILITY.— A procuring activity shall be considered to have implemented an interim FACNET capabihty if— "(1) with respect to each procurement expected to be in an amount greater than the micro-purchase threshold and not greater than the simplified acquisition threshold, the procuring activity has implemented the FACNET functions described in paragraphs (1)(A), (1)(B), (2)(A), (2)(B), and (2)(C) of section 30(b); and "(2) for each such procurement (other than a procurement for which notice is not required under section 18(c) or with respect to which the head of the procuring activity determines that it is not cost effective or practicable), the procuring activity issues notices of solicitations and receives responses to solicitations through a system having those functions. "(d) IMPLEMENTATION OF FULL FACNET CAPABILITY. —An executive agency shall be considered to have implemented a full FACNET capability if (except in the case of procuring activities (or portions thereof) of the executive agency for which the head of the executive agency determines that implementation is not cost effective or practicable)— "(1) the executive agency has implemented all of the FACNET functions described in section 30(b); and "(2) more than 75 percent of the eligible contracts in amounts greater than the micro-purchase threshold and not greater than the simplified acquisition threshold entered into by the executive agency during the preceding fiscal year have been made through a system with those functions, "(e) ELIGIBLE CONTRACTS.— For purposes of subsections (b) and (d), a contract is eligible if it is not in any class of contracts