49 USC 40110 - General procurement authority

U.S Code last checked for updates: Oct 16, 2024

§ 40110.

General procurement authority

(a)

General.—

In carrying out this part, the Administrator of the Federal Aviation Administration—

(1)

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;

(2)

may construct and improve laboratories and other test facilities; and

(3)

may dispose of any interest in property for adequate compensation, and the amount so received shall—

(A)

be credited to the appropriation current when the amount is received;

(B)

be merged with and available for the purposes of such appropriation; and

(C)

remain available until expended.

(b)

Purchase of Housing Units.—

(1)

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.

(2)

Adjustments for inflation.—

For fiscal years beginning after September 30, 1997, the Administrator may adjust the dollar amount specified in paragraph (1) to take into account increases in local housing costs.

(3)

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.

(4)

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)

a description of the housing unit and its price;

(B)

a certification that the price does not exceed the median price of housing units in the area; and

(C)

a certification that purchasing the housing unit is the most cost-beneficial means of providing necessary accommodations in carrying out this part.

(5)

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.

(c)

Duties and Powers.—

When carrying out subsection (a) of this section, the Administrator of the Federal Aviation Administration may—

(1)

notwithstanding section 1341(a)(1) of title 31, lease an interest in property for not more than 20 years;

(2)

consider the reasonable probable future use of the underlying land in making an award for a condemnation of an interest in airspace;

(3)

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

(4)

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.

(d)

Acquisition Management System.—

(1)

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—

(A)

more timely and cost-effective acquisitions of equipment, services, property, and materials; and

(B)

the resolution of bid protests and contract disputes related thereto, using consensual alternative dispute resolution techniques to the maximum extent practicable.

(2)

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):

(A)

Division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(B)

Division B (except sections 1704 and 2303) of subtitle I of title 41.

(C)

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.

(D)

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.

(E)

The Competition in Contracting Act.

(F)

Subchapter V of chapter 35 of title 31, relating to the procurement protest system.

(G)

The Federal Acquisition Regulation and any laws not listed in subparagraphs (A) through (F) providing authority to promulgate regulations in the Federal Acquisition Regulation.

(3)

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:

(A)

Sections 2101 and 2106 of title 41 shall not apply.

(B)

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 October 9, 1996.

(C)

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.

(D)

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.

(4)

Commercial products and services.—

In implementing and updating the acquisition management system pursuant to paragraph (1), the Administrator shall, whenever possible—

(A)

describe the requirements with respect to a solicitation for the procurement of supplies or services in terms of—

(i)

functions to be performed;

(ii)

performance required; or

(iii)

essential physical and system characteristics;

(B)

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;

(C)

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;

(D)

revise the procurement policies, practices, and procedures of the Administration to reduce any impediments to the acquisition of commercial products and commercial services;

(E)

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

(F)

ensure that procurement officials—

(i)

acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the Administration;

(ii)

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;

(iii)

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;

(iv)

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

(v)

require training of appropriate personnel in the acquisition of commercial products and commercial services.

(5)

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.

(e)

Prohibition on Release of Offeror Proposals.—

(1)

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.

(2)

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.

(3)

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.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1106; Pub. L. 103–429, § 6(48), (80), Oct. 31, 1994, 108 Stat. 4384, 4388; Pub. L. 104–264, title XII, § 1201, Oct. 9, 1996, 110 Stat. 3279; Pub. L. 106–181, title III, § 307(b), title VII, § 703, Apr. 5, 2000, 114 Stat. 125, 156; Pub. L. 107–217, § 3(n)(5), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 108–176, title II, §§ 222, 224(a), (b), Dec. 12, 2003, 117 Stat. 2527; Pub. L. 108–178, § 4(k), Dec. 15, 2003, 117 Stat. 2642; Pub. L. 111–350, § 5(o)(7), Jan. 4, 2011, 124 Stat. 3853; Pub. L. 112–95, title II, §§ 206, 210, Feb. 14, 2012, 126 Stat. 39, 44; Pub. L. 115–254, div. B, title V, § 544, Oct. 5, 2018, 132 Stat. 3374; Pub. L. 118–63, title II, §§ 218(b), 228, title XI, § 1101(e), (f), May 16, 2024, 138 Stat. 1055, 1062, 1413.)

cite as: 49 USC 40110