I 
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 Representa-
tives 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’’. 
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SEC. 2. ADDITIONAL TESTING OF COMMERCIAL E-COM-
MERCE PORTAL MODELS FOR FEDERAL PRO-
CUREMENT. 
Section 846 of the National Defense Authorization 
Act for Fiscal Year 2018 (41 U.S.C. 1901 note) is amend-
ed— 
(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 test-
ing program by testing at least 3 commer-
cial e-commerce portal models, including 
the E-Commerce Model, the E-Procure-
ment Model, and the E-Marketplace Model 
(as such models are described in the imple-
mentation plan of the General Services Ad-
ministration published in March 2018, ti-
tled ‘Procurement Through Commercial E- 
Commerce Portals’), so as to ensure that 
such program is representative of available 
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commercial e-commerce portal models that 
qualify under subsection (d); and 
‘‘(ii) submit to the appropriate con-
gressional committees a report addressing 
the following: 
‘‘(I) A summary of the program 
described in clause (i) to date, includ-
ing the commercial e-commerce portal 
providers participating in such pro-
gram and the Federal agencies pur-
chasing products under such program. 
‘‘(II) The product categories test-
ed 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 comple-
tion of such program. 
‘‘(C) FINAL REPORT.—Not later than 180 
days after the completion of testing of all com-
mercial e-commerce portal models, the Adminis-
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trator shall submit to the appropriate congres-
sional committees a report on the results of 
such testing that includes— 
‘‘(i) an examination and comparison 
of each commercial e-commerce portal pro-
vider with respect to— 
‘‘(I) pricing; 
‘‘(II) product quality; 
‘‘(III) supplier reliability and 
service; 
‘‘(IV) security of Federal Govern-
ment information and third-party sup-
plier proprietary information; 
‘‘(V) protections against counter-
feit merchandise; 
‘‘(VI) whether products prohib-
ited by law or rule, including products 
referenced in section 889 of the John 
S. McCain National Defense Author-
ization 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 pro-
vider; and 
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