Federal Acquisition E-Commerce Fairness and Competition Act
This bill requires the General Services Administration (GSA) to expand the testing program for e-commerce portal models.
Specifically, the GSA must (1) expand the proof-of-concept testing program by testing at least three commercial e-commerce portal models, including the E-Commerce Model, the E-Procurement Model, and the E-Marketplace Model (as described in a GSA implementation plan published in March 2018), to ensure that such program is representative of available commercial e-commerce portal models that qualify for the program; and (2) report to Congress.
The GSA must ensure that a commercial e-commerce portal provider awarded a contract that is owned or controlled by a person or entity with a market capitalization greater than $600 billion at any time in the two years preceding this bill's enactment (e.g., Amazon) does not sell products through the commercial e-commerce portal that compete with products sold by any third-party supplier through such portal.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5217 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5217
To amend section 846 of the National Defense Authorization Act for
Fiscal Year 2018 to expand the testing program for e-commerce portal
models, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2021
Ms. Escobar introduced the following bill; which was referred to the
Committee on Oversight and Reform
_______________________________________________________________________
A BILL
To amend section 846 of the National Defense Authorization Act for
Fiscal Year 2018 to expand the testing program for e-commerce portal
models, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Acquisition E-Commerce
Fairness and Competition Act''.
SEC. 2. ADDITIONAL TESTING OF COMMERCIAL E-COMMERCE PORTAL MODELS FOR
FEDERAL PROCUREMENT.
Section 846 of the National Defense Authorization Act for Fiscal
Year 2018 (41 U.S.C. 1901 note) is amended--
(1) in subsection (c)(3)--
(A) by striking ``Not later'' and inserting the
following:
``(A) Guidance.--Not later''; and
(B) by adding at the end the following:
``(B) Initial report.--Not later than 90 days after
the date of the enactment of this subparagraph, the
Administrator shall--
``(i) expand the proof-of-concept testing
program by testing at least 3 commercial e-
commerce portal models, including the E-
Commerce Model, the E-Procurement Model, and
the E-Marketplace Model (as such models are
described in the implementation plan of the
General Services Administration published in
March 2018, titled `Procurement Through
Commercial E-Commerce Portals'), so as to
ensure that such program is representative of
available commercial e-commerce portal models
that qualify under subsection (d); and
``(ii) submit to the appropriate
congressional committees a report addressing
the following:
``(I) A summary of the program
described in clause (i) to date,
including the commercial e-commerce
portal providers participating in such
program and the Federal agencies
purchasing products under such program.
``(II) The product categories
tested to date under such program.
``(III) The revenue associated with
each category and commercial e-commerce
portal provider tested to date under
such program.
``(IV) The additional commercial e-
commerce portal providers to be tested
under such program.
``(V) A timeline for the completion
of such program.
``(C) Final report.--Not later than 180 days after
the completion of testing of all commercial e-commerce
portal models, the Administrator shall submit to the
appropriate congressional committees a report on the
results of such testing that includes--
``(i) an examination and comparison of each
commercial e-commerce portal provider with
respect to--
``(I) pricing;
``(II) product quality;
``(III) supplier reliability and
service;
``(IV) security of Federal
Government information and third-party
supplier proprietary information;
``(V) protections against
counterfeit merchandise;
``(VI) whether products prohibited
by law or rule, including products
referenced in section 889 of the John
S. McCain National Defense
Authorization Act for Fiscal Year 2019
(41 U.S.C. 3901 note), have been
offered for sale by any supplier
through such commercial e-commerce
portal provider; and
``(VII) supply chain risks,
particularly with respect to healthcare
and information technology products;
and
``(ii) a comparison of the convenience of
each commercial e-commerce portal provider with
its overall adherence to Federal procurement
rules and policies.''; and
(2) in subsection (d)--
(A) by striking ``The Administrator'' and inserting
the following:
``(1) In general.--The Administrator''; and
(B) by adding at the end the following:
``(2) Limitation.--The Administrator shall ensure that a
commercial e-commerce portal provider awarded a contract
pursuant to subsection (a), that is owned or controlled by a
person or entity with a market capitalization greater than
$600,000,000,000 at any time in the 2 years preceding the date
of the enactment of this paragraph, does not sell products
through the commercial e-commerce portal operated by such
portal provider that compete with products sold by any third-
party supplier through such portal.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Reform.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line