§ 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;
(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—
(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;
(4)
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
(5)
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 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 and implement an acquisition management system for the Administration that addresses the unique needs of the agency and, at a minimum, provides for—
(2)
Applicability of federal acquisition law.—
The following provisions of Federal acquisition law shall not apply to the new acquisition management system developed and implemented pursuant to paragraph (1):
(C)
The Federal Acquisition Streamlining Act of 1994 (Public Law 103–355), except for section
315 (41 U.S.C. 265). For the purpose of applying section 315 of that Act to the system, the term “executive agency” is deemed to refer to the Federal Aviation Administration.
(3)
Certain provisions of the office of federal procurement policy act.—
Notwithstanding paragraph (2)(B), section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) shall apply to the new acquisition management system developed and implemented under paragraph (1) with the following modifications:
(B)
Within 90 days after the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, 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.
(4)
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.