General procurement authority
General.—
In carrying out this part, the Administrator of the Federal Aviation Administration—
to the extent that amounts are available for obligation, may acquire services or, by condemnation or otherwise, an interest in property, including an interest in airspace immediately adjacent to and needed for airports and other air navigation facilities owned by the United States Government and operated by the Administrator;
may construct and improve laboratories and other test facilities; and
may dispose of any interest in property for adequate compensation, and the amount so received shall—
be credited to the appropriation current when the amount is received;
be merged with and available for the purposes of such appropriation; and
remain available until expended.
Purchase of Housing Units.—
Authority.—
In carrying out this part, the Administrator may purchase a housing unit (including a condominium or a housing unit in a building owned by a cooperative) that is located outside the contiguous United States if the cost of the unit is $300,000 or less.
Adjustments for inflation.—
For fiscal years beginning after
Continuing obligations.—
Notwithstanding section 1341 of title 31, the Administrator may purchase a housing unit under paragraph (1) even if there is an obligation thereafter to pay necessary and reasonable fees duly assessed upon such unit, including fees related to operation, maintenance, taxes, and insurance.
Certification to congress.—
The Administrator may purchase a housing unit under paragraph (1) only if, at least 30 days before completing the purchase, the Administrator transmits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—
a description of the housing unit and its price;
a certification that the price does not exceed the median price of housing units in the area; and
a certification that purchasing the housing unit is the most cost-beneficial means of providing necessary accommodations in carrying out this part.
Payment of fees.—
The Administrator may pay, when due, fees resulting from the purchase of a housing unit under this subsection from any amounts made available to the Administrator.
Duties and Powers.—
When carrying out subsection (a) of this section, the Administrator of the Federal Aviation Administration may—
notwithstanding section 1341(a)(1) of title 31, lease an interest in property for not more than 20 years;
consider the reasonable probable future use of the underlying land in making an award for a condemnation of an interest in airspace;
construct, or acquire an interest in, a public building (as defined in section 3301(a) of title 40) only under a delegation of authority from the Administrator of General Services; and
dispose of property under subsection (a)(3) of this section, except for airport and airway property and technical equipment used for the special purposes of the Administration, only under sections 121, 123, and 126 and chapter 5 of title 40.
Acquisition Management System.—
In general.—
In consultation with such non-governmental experts in acquisition management systems as the Administrator may employ, and notwithstanding provisions of Federal acquisition law, the Administrator shall develop, implement, and periodically update an acquisition management system for the Administration that addresses the unique needs of the agency and, at a minimum, provides for—
more timely and cost-effective acquisitions of equipment, services, property, and materials; and
the resolution of bid protests and contract disputes related thereto, using consensual alternative dispute resolution techniques to the maximum extent practicable.
Applicability of federal acquisition law.—
The following provisions of Federal acquisition law shall not apply to the acquisition management system developed, implemented, and periodically updated pursuant to paragraph (1):
Division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
Division B (except sections 1704 and 2303) of subtitle I of title 41.
The Federal Acquisition Streamlining Act of 1994 (Public Law 103–355). However, section 4705 of title 41 shall apply to the acquisition management system developed, implemented, and periodically updated pursuant to paragraph (1). For the purpose of applying section 4705 of title 41 to the system, the term “executive agency” is deemed to refer to the Federal Aviation Administration.
The Small Business Act (15 U.S.C. 631 et seq.), except that all reasonable opportunities to be awarded contracts shall be provided to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals.
The Competition in Contracting Act.
Subchapter V of chapter 35 of title 31, relating to the procurement protest system.
The Federal Acquisition Regulation and any laws not listed in subparagraphs (A) through (F) providing authority to promulgate regulations in the Federal Acquisition Regulation.
Certain provisions of division b (except sections 1704 and 2303) of subtitle i of title 41.—
Notwithstanding paragraph (2)(B), chapter 21 of title 41 shall apply to the acquisition management system developed, implemented, and periodically updated under paragraph (1) with the following modifications:
Sections 2101 and 2106 of title 41 shall not apply.
The Administrator shall adopt definitions for the acquisition management system that are consistent with the purpose and intent of the Office of Federal Procurement Policy Act, as in effect on
After the adoption of those definitions, the criminal, civil, and administrative remedies provided under division B of subtitle I of title 41 apply to the acquisition management system.
In the administration of the acquisition management system, the Administrator may take adverse personnel action under section 2105(c)(1)(D) of title 41 in accordance with the procedures contained in the Administration’s personnel management system.
Commercial products and services.—
In implementing and updating the acquisition management system pursuant to paragraph (1), the Administrator shall, whenever possible—
describe the requirements with respect to a solicitation for the procurement of supplies or services in terms of—
functions to be performed;
performance required; or
essential physical and system characteristics;
ensure that commercial services or commercial products may be procured to fulfill such solicitation, or to the extent that commercial products suitable to meet the needs of the Administration are not available, ensure that nondevelopmental items other than commercial products may be procured to fulfill such solicitation;
provide offerors of commercial services, commercial products, and nondevelopmental items other than commercial products an opportunity to compete in any solicitation for the procurement of supplies or services;
revise the procurement policies, practices, and procedures of the Administration to reduce any impediments to the acquisition of commercial products and commercial services;
ensure that any procurement of new equipment takes into account the life cycle, reliability, performance, service support, and costs to guarantee the acquisition of equipment that is of high quality and reliability resulting in greater performance and cost-related benefits; and
ensure that procurement officials—
acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the Administration;
in a solicitation for the procurement of supplies or services, state the specifications for such supplies or services in terms that enable and encourage bidders and offerors to supply commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, to supply nondevelopmental items other than commercial products;
require that prime contractors and subcontractors at all levels under contracts with the Administration incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the Administration;
modify procurement requirements in appropriate circumstances to ensure that such requirements can be met by commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, nondevelopmental items other than commercial products; and
require training of appropriate personnel in the acquisition of commercial products and commercial services.
Adjudication of certain bid protests and contract disputes.—
A bid protest or contract dispute that is not addressed or resolved through alternative dispute resolution shall be adjudicated by the Administrator through Dispute Resolution Officers or Special Masters of the Federal Aviation Administration Office of Dispute Resolution for Acquisition, acting pursuant to sections 46102, 46104, 46105, 46106 and 46107 and shall be subject to judicial review under section 46110 and to section 504 of title 5.
Prohibition on Release of Offeror Proposals.—
General rule.—
Except as provided in paragraph (2), a proposal in the possession or control of the Administrator may not be made available to any person under section 552 of title 5.
Exception.—
Paragraph (1) shall not apply to any portion of a proposal of an offeror the disclosure of which is authorized by the Administrator pursuant to procedures published in the Federal Register. The Administrator shall provide an opportunity for public comment on the procedures for a period of not less than 30 days beginning on the date of such publication in order to receive and consider the views of all interested parties on the procedures. The procedures shall not take effect before the 60th day following the date of such publication.
Proposal defined.—
In this subsection, the term “proposal” means information contained in or originating from any proposal, including a technical, management, or cost proposal, submitted by an offeror in response to the requirements of a solicitation for a competitive proposal.
Source
(Pub. L. 103–272, § 1(e),Notes
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Historical and Revision Notes |
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Pub. L. 103–272 |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
40110(a) | 49 App.:1344(a)(1) (less term of lease), (2) (words before 1st semicolon), (3). | Aug. 23, 1958, Pub. L. 85–726, § 303(a)–(d), 72 Stat. 747; May 21, 1970, Pub. L. 91–258, § 51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, § 16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, § 112(e), 94 Stat. 2240; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L. 101–508, § 9118(a), 104 Stat. 1388–365. |
40110(b)(1) | 49 App.:1344(d). | |
40110(b) (2)(A) | 49 App.:1344(a)(1) (related to term of lease). | |
40110(b) (2)(B) | 49 App.:1344(b)(1). | |
40110(b) (2)(C) | 49 App.:1344(b)(2). | |
40110(b) (2)(D) | 49 App.:1344(c). | |
40110(b) (2)(E) | 49 App.:1344(g). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 747, § 303(g); added Oct. 31, 1992, Pub. L. 102–581, § 201(a), 106 Stat. 4890. |
40110(b) (2)(F) | 49 App.:1344(a)(2) (words after 1st semicolon). |
Pub. L. 103–429
Editorial Notes
References in Text
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendments
Effective Date of 2000 Amendment
Effective Date of 1996 Amendment
Effective Date of 1994 Amendment
Contracting
the proposal is drafted so that all parties can fairly compete; and
the proposal takes into consideration the most cost-effective location, accessibility, and services options.”
FAA Evaluation of Long-Term Capital Leasing
Assessment of Acquisition Management System
take such action as may be necessary to provide for an independent assessment of the acquisition management system of the Federal Aviation Administration that includes a review of any efforts of the Administrator in promoting and encouraging the use of full and open competition as the preferred method of procurement with respect to any contract that involves an amount greater than $50,000,000; and
submit to the Congress a report on the findings of that independent assessment: Provided, That for purposes of this section, the term ‘full and open competition’ has the meaning provided that term in section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(6)).”
Acquisition Management System for Federal Aviation Administration
Alternative Procurement and Acquisition Pilot Program
Authority.—
The Secretary of Transportation may conduct a test of alternative and innovative procurement procedures in carrying out acquisitions for one of the modernization programs under the Airway Capital Investment Plan prepared pursuant to section 44501(b) of title 49, United States Code. In conducting such test, the Secretary shall consult with the Administrator for Federal Procurement Policy.
Pilot Program Implementation.—
The Secretary of Transportation should prescribe policies and procedures for the interaction of the program manager and the end user executive responsible for the requirement for the equipment acquired. Such policies and procedures should include provisions for enabling the end user executive to participate in acceptance testing.
Not later than 45 days after the date of enactment of this Act [
The Secretary of Transportation shall establish for the pilot program a review process that provides senior acquisition officials with reports on the minimum necessary data items required to ensure the appropriate expenditure of funds appropriated for the program and that—
contain essential information on program results at appropriate intervals, including the criteria to be used in measuring the success of the program; and
reduce data requirements from the current program review reporting requirements.
Special Authorities.—
The authority provided by subsection (a) shall include authority for the Secretary of Transportation—
to apply any amendment or repeal of a provision of law made in this Act [see Short Title of 1994 Amendment note set out under section 251 of Title 41, Public Contracts] to the pilot program before the effective date of such amendment or repeal; and
to apply to a procurement of items other than commercial items under such program—
any authority provided in this Act (or in an amendment made by a provision of this Act) to waive a provision of law in the case of commercial items, and
any exception applicable under this Act (or an amendment made by a provision of this Act) in the case of commercial items,
before the effective date of such provision (or amendment) to the extent that the Secretary determines necessary to test the application of such waiver or exception to procurements of items other than commercial items.
Applicability.—
Subsection (c) applies with respect to—
a contract that is awarded or modified after the date occurring 45 days after the date of the enactment of this Act [
a contract that is awarded before such date and is to be performed (or may be performed), in whole or in part, after such date.
Procedures Authorized.—
The test conducted under this section may include any of the following procedures:
Restriction of competitions to sources determined capable in a precompetition screening process, provided that the screening process affords all interested sources a fair opportunity to be considered.
Restriction of competitions to sources of preevaluated products, provided that the preevaluation process affords all interested sources a fair opportunity to be considered.
Alternative notice and publication requirements.
A process in which—
the competitive process is initiated by publication in the Commerce Business Daily, or by dissemination through FACNET, of a notice that—
contains a synopsis of the functional and performance needs of the executive agency conducting the test, and, for purposes of guidance only, other specifications; and
invites any interested source to submit information or samples showing the suitability of its product for meeting those needs, together with a price quotation, or, if appropriate, showing the source’s technical capability, past performance, product supportability, or other qualifications (including, as appropriate, information regarding rates and other cost-related factors);
contracting officials develop a request for proposals (including appropriate specifications and evaluation criteria) after reviewing the submissions of interested sources and, if the officials determine necessary, after consultation with those sources; and
a contract is awarded after a streamlined competition that is limited to all sources that timely provided product information in response to the notice or, if appropriate, to those sources determined most capable based on the qualification-based factors included in an invitation to submit information pursuant to subparagraph (A).
Waiver of Procurement Regulations.—
In conducting the test under this section, the Secretary of Transportation, with the approval of the Administrator for Federal Procurement Policy, may waive—
any provision of the Federal Acquisition Regulation that is not required by statute; and
any provision of the Federal Acquisition Regulation that is required by a provision of law described in paragraph (2), the waiver of which the Administrator determines in writing to be necessary to test procedures authorized by subsection (e).
The provisions of law referred to in paragraph (1) are as follows:
Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637).
The following provisions of the Federal Property and Administrative Services Act of 1949:
Section 303 ([former] 41 U.S.C. 253) [see 41 U.S.C. 3105, 3301, 3303 to 3305].
Section 303A ([former] 41 U.S.C. 253a) [see 41 U.S.C. 3306].
Section 303B ([former] 41 U.S.C. 253b) [now 41 U.S.C. 3308, 3701 to 3708, 4702].
Section 303C [former] (41 U.S.C. 253c) [now 41 U.S.C. 3311].
The following provisions of the Office of Federal Procurement Policy Act:
Section 4(6) ([former] 41 U.S.C. 403(6)) [see 41 U.S.C. 107].
Section 18 ([former] 41 U.S.C. 416) [see 41 U.S.C. 1708].
Definition.—
In this section, the term ‘commercial item’ has the meaning provided that term in section 4(12) of the Office of Federal Procurement Policy Act [see 41 U.S.C. 103].
Expiration of Authority.—
The authority to conduct the test under subsection (a) and to award contracts under such test shall expire 4 years after the date of the enactment of this Act. Contracts entered into before such authority expires shall remain in effect, notwithstanding the expiration of the authority to conduct the test under this section.
Rule of Construction.—
Nothing in this section shall be construed as authorizing the appropriation or obligation of funds for the test conducted pursuant to subsection (a).”