§ 40110. — General procurement authority.
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC40110]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART A--AIR COMMERCE AND SAFETY
subpart i--general
CHAPTER 401--GENERAL PROVISIONS
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).''
Section Referred to in Other Sections
This section is referred to in sections 114, 40121 of this title.