National Electronic Commerce Coordinating Council

NECCC Electronic Procurement Systems Work Group
444 N. Capitol St., NW, Suite 234
Washington, DC 20001

TO: Margaret E. McConnell and John B. Miller, Reporters
FROM: P.K. Agarwal, NECCC Chair, and Richard B. Thompson, Work Group Chair
RE: Model Procurement Code April 1999 Redraft, Article 1

The National Electronic Commerce Coordinating Council (NECCC) is an alliance of national state government organizations dedicated to the advancement of electronic commerce within states. The alliance is comprised of the National Association of State Auditors, Comptrollers and Treasurers (NASACT), the National Association of State Information Resource Executives (NASIRE), and the National Association of State Procurement Officials (NASPO). The NECCC has work groups in several areas of concentration, including Electronic Procurement Systems.

Upon review of the current draft Model Procurement Code (MPC), dated April 1999, members of the Electronic Procurement Systems work group identified a small number of definitions (and related commentary) in Article 1 which they felt could be improved or altered in some way which would enhance overall effectiveness. The definitions identified include Electronic, Signature, and Written or In Writing.

Specific concerns discussed were that reliance on individual state digital signature laws, which are not necessarily harmonious, may hinder the promotion of interstate procurement; and that the definitions may not match those being used in the Uniform Electronic Transactions Act currently being finalized by the National Conference of Commissioners on Uniform State Law (NCCUSL).

The NECCC would very much like to facilitate a dialog on these and other related topics with the MPC drafters. We propose using the Electronic Procurement Systems work group, which is composed of public and private sector professionals interested in electronic commerce issues in state procurement, as a vehicle for that dialog.

Please let us know what steps we can take together to move this process forward. Thank you for your consideration.