Federal Acquisition E-Commerce Fairness and Competition Act
Bill: H.R.5217 | Sponsor: Rep. Escobar, Veronica (D-TX)
Policy area: Government Operations and Politics

Summary:
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.

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.''.
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