§40110. General procurement authority
(a)
(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 dispose of an interest in property for adequate compensation; and
(3) may construct and improve laboratories and other test facilities.
(b)
(1) is the senior procurement executive referred to in section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)) for approving the justification for using procedures other than competitive procedures, as required under section 303(f)(1)(B)(iii) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)(B)(iii)); and
(2) may-
(A) notwithstanding section 1341(a)(1) of title 31, lease an interest in property for not more than 20 years;
(B) consider the reasonable probable future use of the underlying land in making an award for a condemnation of an interest in airspace;
(C) construct, or acquire an interest in, a public building (as defined in section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612)) only under a delegation of authority from the Administrator of General Services;
(D) use procedures other than competitive procedures, as provided under section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c));
(E) use procedures other than competitive procedures only when the property or services needed by the Administrator of the Federal Aviation Administration are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the Administrator; and
(F) dispose of property under subsection (a)(2) of this section, except for airport and airway property and technical equipment used for the special purposes of the Administration, only under title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.).
(
| 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,
|
| 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,
|
| 40110(b) (2)(F) | 49 App.:1344(a)(2) (words after 1st semicolon). |
In this section, the word "Administrator" in section 303(a)–(d) of the Federal Aviation Act of 1958 (
In subsection (a), before clause (1), the words "In carrying out this part" are added for clarity. The words "on behalf of the United States . . . where appropriate" are omitted as surplus. In clause (1), the words "made by the Congress", "by purchase, condemnation . . . or otherwise", and "easements through or other" are omitted as surplus. In clause (2), the words "by sale, lease, or otherwise" and "real or personal" are omitted as surplus. In clause (3), the word "renovate" is omitted as surplus. The words "and to purchase or otherwise acquire real property required therefor" are omitted as surplus because of the authority of the Administrator to acquire real property under clause (1) of this subsection.
In subsection (b)(1), the words "procedures other than competitive procedures" are substituted for "noncompetitive procedures" for consistency with subsection (b)(2)(D) of this section and 41:253(f).
In subsection (b)(2)(B), the text of 49 App.:1344(b)(1) (words before semicolon) and the words "easements through or other" are omitted as surplus.
In subsection (b)(2)(C), the words "by purchase, condemnation, or lease" are omitted as surplus.
Subsection (b)(2)(E) is substituted for 49 App.:1344(g) to eliminate the cross-references to other laws and for clarity and is based on the text of 10:2304(c)(1).
Pub. L. 103–429
This amends 49:40110(a) to clarify the restatement of 49 App.:1344(a)(1)–(3) by section 1 of the Act of July 5, 1994 (
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (b)(2)(F), is act June 30, 1949, ch. 288,
Amendments
1994-Subsec. (a).
Subsec. (b)(2)(A).
Effective Date of 1994 Amendment
Amendment by
Alternative Procurement and Acquisition Pilot Program
"(a)
"(b)
"(2) 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.
"(3) 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-
"(A) contain essential information on program results at appropriate intervals, including the criteria to be used in measuring the success of the program; and
"(B) reduce data requirements from the current program review reporting requirements.
"(c)
"(1) 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
"(2) to apply to a procurement of items other than commercial items under such program-
"(A) 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
"(B) 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.
"(d)
"(1) 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
"(2) 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.
"(e)
"(1) 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.
"(2) Restriction of competitions to sources of preevaluated products, provided that the preevaluation process affords all interested sources a fair opportunity to be considered.
"(3) Alternative notice and publication requirements.
"(4) A process in which-
"(A) the competitive process is initiated by publication in the Commerce Business Daily, or by dissemination through FACNET, of a notice that-
"(i) 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
"(ii) 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);
"(B) 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
"(C) 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).
"(f)
"(A) any provision of the Federal Acquisition Regulation that is not required by statute; and
"(B) 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).
"(2) The provisions of law referred to in paragraph (1) are as follows:
"(A) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637).
"(B) The following provisions of the Federal Property and Administrative Services Act of 1949:
"(i) Section 303 (41 U.S.C. 253).
"(ii) Section 303A (41 U.S.C. 253a).
"(iii) Section 303B (41 U.S.C. 253b).
"(iv) Section 303C (41 U.S.C. 253c).
"(C) The following provisions of the Office of Federal Procurement Policy Act:
"(i) Section 4(6) (41 U.S.C. 403(6)).
"(ii) Section 18 (41 U.S.C. 416).
"(g)
"(h)
"(i)