Page:United States Statutes at Large Volume 108 Part 4.djvu/768

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108 STAT. 3402 PUBLIC LAW 103-355 —OCT. 13, 1994 determined by the Federal Acquisition Regulatory Council (pursuant to section 9004 of the Federal Acquisition Streamlining Act of 1994) to be unsuitable for acquisition through a system with full FACNET capability.". (b) TECHNICAL AMENDMENTS. —Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) is amended— (1) in subsection (a)(1)(A), by striking out "notice" in the matter following clause (ii) and inserting in lieu thereof "notice of solicitation"; and (2) in subsection (d), by striking out "a notice under subsection (e)" in the first sentence and inserting in lieu thereof "a notice of solicitation under subsection (a)". SEC. 9002. IMPLEMENTATION OF FACNET CAPABILITY IN ARMED SERV- ICES. (a) IMPLEMENTATION IN TITLE 10. —Chapter 137 of title 10, United States Code, is amended by inserting after section 2302b, as added by section 4203, the following new section:

    • % 2302c. Implementation of FACNET capability

"(a) IMPLEMENTATION OF FACNET CAPABILITY. —<1) The head of each agency named in section 2303 of this title shall implement the Federal acquisition computer network ('FACNET') capability required by section 30 of the Office of Federal Procurement Policy Act. In the case of the Department of Defense, the implementation shall be by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Technology, for the Department of Defense as a whole. For purposes of this section, the term 'head of an agency' does not include the Secretaries of the military departments. "(2) In implementing the FACNET capability pursuant to paragraph (1), the head of an agency shall consult with the Administrator for Federal Procurement Policy. "(b) DESIGNATION OF AGENCY OFFICIAL. — The head of each agency named in paragraph (5) or (6) of section 2303 of this title shall designate a program manager to have responsibility for implementation of FACNET capability for that agency and otherwise to implement this section. Such program manager shall report directly to the senior procurement executive designated for the agency under section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)).". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 137 of such title is amended by inserting siter the item relating to section 2302b the following new item: "2302c. Implementation of FACNET capability. ". 10 USC 2302c (c) EFFECTIVE DATE. —A FACNET capability may be imple- ^°^- mented and used in an agency before the promulgation of regulations implementing this section (as provided in section 10002). If such implementation and use occurs, the period for submission of bids or proposals under section 18(a)(3)(B) of the Office of Federal Procurement Policy Act, in the case of a solicitation through FACNET, may be less than the period otherwise applicable under that section, but shall be at least 10 days. The preceding sentence shall not be in effect after September 30, 1995.