49 U.S.C. § 40110: General procurement authority

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 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 October 9, 1996 . 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. 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 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. 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 . 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 . 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. 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. 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.” 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) ).” 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. 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 [ Oct. 13, 1994 ], the Secretary of Transportation shall identify for the pilot program quantitative measures and goals for reducing acquisition management costs. 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. 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 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, a contract that is awarded or modified after the date occurring 45 days after the date of the enactment of this Act [ Oct. 13, 1994 ]; and 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. 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. 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). 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). Subsections (e), (f), and (g) of section 8 of the Small Business Act ( 15 U.S.C. 637 ). 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 ]. 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 ]. 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 ]. 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. Nothing in this section shall be construed as authorizing the appropriation or obligation of funds for the test conducted pursuant to subsection (a).”