49 USC 40110: Contract proposals, source selection documents

            
 
          Sec. 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 dispose of an interest in property for adequate 
    compensation; and
        (3) may construct and improve laboratories and other test 
    facilities.

    (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;
        (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--
            (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 new 
    acquisition management system developed and implemented pursuant to 
    paragraph (1):
            (A) Title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 252-266).
            (B) The Office of Federal Procurement Policy Act (41 U.S.C. 
        401 et seq.).
            (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.
            (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 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:
            (A) Subsections (f) and (g) shall not apply.
            (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.
            (C) After the adoption of those definitions, the criminal, 
        civil, and administrative remedies provided under the Office of 
        Federal Procurement Policy Act apply to the acquisition 
        management system.
            (D) In the administration of the acquisition management 
        system, the Administrator may take adverse personnel action 
        under section 27(e)(3)(A)(iv) of the Office of Federal 
        Procurement Policy Act in accordance with the procedures 
        contained in the Administration's personnel management system.

        (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.
        (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, Sec. 1(e), July 5, 1994, 108 Stat. 1106; Pub. L. 103-
429, Sec. 6(48), (80), Oct. 31, 1994, 108 Stat. 4384, 4388; Pub. L. 104-
264, title XII, Sec. 1201, Oct. 9, 1996, 110 Stat. 3279; Pub. L. 106-
181, title III, Sec. 307(b), title VII, Sec. 703, Apr. 5, 2000, 114 
Stat. 125, 156; Pub. L. 107-217, Sec. 3(n)(5), Aug. 21, 2002, 116 Stat. 
1302; Pub. L. 108-176, title II, Secs. 222, 224(a), (b), Dec. 12, 
2003, 117 Stat. 2527; Pub. L. 108-178, Sec. 4(k), Dec. 15, 2003, 117 
Stat. 2642.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40110(a)..............................  49 App.:1344(a)(1) (less term    Aug. 23, 1958, Pub. L. 85-726, Sec.
                                         of lease), (2) (words before     303(a)-(d), 72 Stat. 747; May 21,
                                         1st semicolon), (3).             1970, Pub. L. 91-258, Sec.  51(a)(1),
                                                                          84 Stat. 234; July 12, 1976, Pub. L.
                                                                          94-353, Sec.  16, 90 Stat. 882; Oct.
                                                                          19, 1980, Pub. L. 96-470, Sec.
                                                                          112(e), 94 Stat. 2240; Jan. 12, 1983,
                                                                          Pub. L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444; restated Nov. 5, 1990, Pub. L.
                                                                          101-508, Sec.  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, Sec.  303(g); added Oct. 31,
                                                                          1992, Pub. L. 102-581, Sec.  201(a),
                                                                          106 Stat. 4890.
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 (Public Law 85-726, 72 Stat. 747) is 
retained on authority of 49:106(g).
    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 (Public Law 
103-272, 108 Stat. 1106).

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (d)(2)(A), is act June 30, 1949, ch. 288, 63 
Stat. 377, as amended. Title III of the Act is classified generally to 
subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public 
Contracts. For complete classification of this Act to the Code, see 
Tables.
    The Office of Federal Procurement Policy Act, referred to in subsec. 
(d)(2)(B), (3)(B), (C), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, 
as amended, which is classified principally to chapter 7 (Sec. 401 et 
seq.) of Title 41, Public Contracts. For complete classification of this 
Act to the Code, see Short Title note set out under section 401 of Title 
41 and Tables.
    The Federal Acquisition Streamlining Act of 1994, referred to in 
subsec. (d)(2)(C), is Pub. L. 103-355, Oct. 13, 1994, 108 Stat. 3243. 
For complete classification of this Act to the Code, see Short Title of 
1994 Amendment note set out under section 251 of Title 41, Public 
Contracts, and Tables.
    The Small Business Act, referred to in subsec. (d)(2)(D), is Pub. L. 
85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified 
generally to chapter 14A (Sec. 631 et seq.) of Title 15, Commerce and 
Trade. For complete classification of this Act to the Code, see Short 
Title note set out under section 631 of Title 15 and Tables.
    The Competition in Contracting Act, referred to in subsec. 
(d)(2)(E), probably means the Competition in Contracting Act of 1984, 
which is title VII of Pub. L. 98-369, div. B, July 18, 1984, 98 Stat. 
1175. For complete classification of this Act to the Code, see Short 
Title of 1984 Amendments note set out under section 251 of Title 41, 
Public Contracts, and Tables.
    The date of the enactment of the Wendell H. Ford Aviation Investment 
and Reform Act for the 21st Century, referred to in subsec. (d)(3)(B), 
is the date of enactment of Pub. L. 106-181, which was approved Apr. 5, 
2000.
                               Amendments

    2003--Subsec. (c). Pub. L. 108-176, Sec. 224(a), struck out par. 
(1), which related to the senior procurement executive, par. (2) 
designation before ``may--'', and subpar.
(D) of par. (2), which related to use procedures other than competitive 
procedures, redesignated subpars. (A), (B), (C), (E), and (F) of par. 
(2) as pars. (1) to (5), respectively, and realigned margins.
    Subsec. (d)(1). Pub. L. 108-176, Sec. 224(b)(1), struck out ``, not 
later than January 1, 1996,'' after ``shall develop and implement'', 
substituted ``provides for--'' for ``provides for more timely and cost-
effective acquisitions of equipment and materials.'', and added subpars. 
(A) and (B).
    Subsec. (d)(2)(C). Pub. L. 108-176, Sec. 222, substituted ``(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.'' for 
``(Public Law 103-355).''
    Subsec. (d)(2)(G). Pub. L. 108-178, Sec. 4(k)(3), substituted 
``subparagraphs (A) through (F)'' for ``subparagraphs (A) through (G)''.
    Pub. L. 108-178, Sec. 4(k)(1), (2), redesignated subpar. (H) as (G) 
and struck out former subpar. (G) which read as follows: ``The Brooks 
Automatic Data Processing Act (40 U.S.C. 759).''
    Subsec. (d)(2)(H). Pub. L. 108-178, Sec. 4(k)(2), redesignated 
subpar. (H) as (G).
    Subsec. (d)(4). Pub. L. 108-176, Sec. 224(b)(2), added par. (4) and 
struck out heading and text of former par. (4). Text read as follows: 
``This subsection shall take effect on April 1, 1996.''
    2002--Subsec. (c)(2)(C). Pub. L. 107-217, Sec. 3(n)(5)(A), 
substituted ``(as defined in section 3301(a) of title 40)'' for ``(as 
defined in section 13 of the Public Buildings Act of 1959 (40 U.S.C. 
612))''.
    Subsec. (c)(2)(F). Pub. L. 107-217, Sec. 3(n)(5)(B), substituted 
``sections 121, 123, and 126 and chapter 5 of title 40'' for ``title II 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 481 et seq.)''.
    2000--Subsecs. (d), (e). Pub. L. 106-181 added subsecs. (d) and (e).
    1996--Subsecs. (b), (c). Pub. L. 104-264 added subsec. (b) and 
redesignated former subsec. (b) as (c).
    1994--Subsec. (a). Pub. L. 103-429, Sec. 6(48), in introductory 
provisions, struck out ``may'' after ``Administration'', in par. (1), 
struck out ``acquire,'' before ``to the extent'' and substituted ``may 
acquire services or, by condemnation or otherwise,'' for ``services 
or'', and in pars. (2) and (3), inserted ``may'' after par. designation.
    Subsec. (b)(2)(A). Pub. L. 103-429, Sec. 6(80), inserted 
``notwithstanding section 1341(a)(1) of title 31,'' before ``lease''.
                    Effective Date of 2003 Amendments

    Amendment by Pub. L. 108-178 effective Aug. 21, 2002, see section 5 
of Pub. L. 108-178, set out as a note under section 5334 of Title 5, 
Government Organization and Employees.
    Amendment by Pub. L. 108-176 applicable only to fiscal years 
beginning after Sept. 30, 2003, except as otherwise specifically 
provided, see section 3 of Pub. L. 108-176, set out as a note under 
section 106 of this title.
                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-181 applicable only to fiscal years 
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set 
out as a note under section 106 of this title.
                    Effective Date of 1996 Amendment

    Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and 
not to be construed as affecting funds made available for a fiscal year 
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as 
a note under section 106 of this title.
                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 
of Pub. L. 103-429, set out as a note under section 321 of this title.
               FAA Evaluation of Long-Term Capital Leasing

    Pub. L. 106-181, title VII, Sec. 704, Apr. 5, 2000, 114 Stat. 157, 
provided that:
    ``(a) In General.--The Administrator [of the Federal Aviation 
Administration] may carry out a pilot program in fiscal years 2001 
through 2003 to test and evaluate the benefits of long-term contracts 
for the leasing of aviation equipment and facilities.
    ``(b) Period of Contracts.--Notwithstanding any other provision of 
law, the Administrator may enter into a contract under the program to 
lease aviation equipment or facilities for a period of greater than 5 
years.
    ``(c) Number of Contracts.--The Administrator may not enter into 
more that [than] 10 contracts under the program.
    ``(d) Types of Contracts.--The contracts to be evaluated under the 
program may include contracts for telecommunication services that are 
provided through the use of a satellite, requirements related to oceanic 
and air traffic control, air-to-ground radio communications, and air 
traffic control tower construction.''
               Assessment of Acquisition Management System

    Section 251 of Pub. L. 104-264 provided that: ``Not later than April 
1, 1999, the Administrator [of the Federal Aviation Administration] 
shall employ outside experts to provide an independent evaluation of the 
effectiveness of the Administration's [Federal Aviation Administration] 
acquisition management system within 3 months after such date. The 
Administrator shall transmit a copy of the evaluation to the Committee 
on Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives.''
    Pub. L. 104-205, title III, Sec. 351, Sept. 30, 1996, 110 Stat. 
2979, provided that: ``Not later than December 31, 1997, the 
Administrator of the Federal Aviation Administration shall--
        ``(a) 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
        ``(b) 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

    Pub. L. 104-50, title III, Sec. 348, Nov. 15, 1995, 109 Stat. 460, 
required the Administrator of the Federal Aviation Administration to 
develop and implement, not later than Jan. 1, 1996, an acquisition 
management system, exempt from specified federal procurement and 
acquisition laws, to provide for more timely and cost-effective 
acquisitions of equipment and materials, prior to repeal by Pub. L. 106-
181, title III, Sec. 307(d), Apr. 5, 2000, 114 Stat. 126.
          Alternative Procurement and Acquisition Pilot Program

    Pub. L. 103-355, title V, Sec. 5063, Oct. 13, 1994, 108 Stat. 3356, 
provided that:
    ``(a) 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.
    ``(b) Pilot Program Implementation.--(1) 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.
    ``(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) Special Authorities.--The authority provided by subsection (a) 
shall include authority for the Secretary of Transportation--
        ``(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) Applicability.--Subsection (c) applies with respect to--
        ``(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) Procedures Authorized.--The test conducted under this section 
may include any of the following procedures:
        ``(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) Waiver of Procurement Regulations.--(1) In conducting the test 
under this section, the Secretary of Transportation, with the approval 
of the Administrator for Federal Procurement Policy, may waive--
        ``(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) 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 [41 U.S.C. 403(12)].
    ``(h) 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.
    ``(i) 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).''