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41 U.S.C. § 3308 — Planning for future competition in contracts for major systems
Federal law — U.S. Code and appendices · legal_authorities
**(a) Development Contract.—**
(1) **Determining whether proposals are necessary.—** — In preparing a solicitation for the award of a development contract for a major system, the head of an agency shall consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require the proposals, the head of the agency shall consider the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If the proposals are required, the head of the agency shall consider them in evaluating the offeror’s price.
(2) **Contents of proposals.—** — The proposals that the head of an agency is to consider requiring in a solicitation for the award of a development contract are the following:
(A) Proposals to incorporate in the design of the major system items that are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source.
(B) With respect to items that are likely to be required in substantial quantities during the system’s service life, proposals to incorporate in the design of the major system items that the Federal Government will be able to acquire competitively in the future.
**(b) Production Contract.—**
(1) **Determining whether proposals are necessary.—** — In preparing a solicitation for the award of a production contract for a major system, the head of an agency shall consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require the proposals, the head of the agency shall consider the purposes for which the
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Source file: Laws/federal/codes/united-states-code/title-41/section-3308-planning-for-future-competition-in-contracts-for-major-systems--c51094fe69.md
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Source location: Title 41, Chapter 33, § 3308; chapter-033-chapter-33.md
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**(a) Development Contract.—**
(1) **Determining whether proposals are necessary.—** — In preparing a solicitation for the award of a development contract for a major system, the head of an agency shall consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require the proposals, the head of the agency shall consider the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If the proposals are required, the head of the agency shall consider them in evaluating the offeror’s price.
(2) **Contents of proposals.—** — The proposals that the head of an agency is to consider requiring in a solicitation for the award of a development contract are the following:
(A) Proposals to incorporate in the design of the major system items that are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source.
(B) With respect to items that are likely to be required in substantial quantities during the system’s service life, proposals to incorporate in the design of the major system items that the Federal Government will be able to acquire competitively in the future.
**(b) Production Contract.—**
(1) **Determining whether proposals are necessary.—** — In preparing a solicitation for the award of a production contract for a major system, the head of an agency shall consider requiring in the solicitation that an offeror include in its offer proposals described in paragraph (2). In determining whether to require the proposals, the head of the agency shall consider the purposes for which the system is being procured and the technology necessary to meet the system’s required capabilities. If the proposals are required, the head of the agency shall consider them in evaluating the offeror’s price.
(2) **Content of proposals.—** — The proposals that the head of an agency is to consider requiring in a solicitation for the award of a production contract are proposals identifying opportunities to ensure that the Federal Government will be able to obtain on a competitive basis items procured in connection with the system that are likely to be reprocured in substantial quantities during the service life of the system. Proposals submitted in response to this requirement may include the following:
(A) Proposals to provide to the Federal Government the right to use technical data to be provided under the contract for competitive reprocurement of the item, together with the cost to the Federal Government of acquiring the data and the right to use the data.
(B) Proposals for the qualification or development of multiple sources of supply for the item.
**(c) Consideration of Factors as Objectives in Negotiations.—** If the head of an agency is making a noncompetitive award of a development contract or a production contract for a major system, the factors specified in subsections (a) and (b) to be considered in evaluating an offer for a contract may be considered as objectives in negotiating the contract to be awarded.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 construct and improve laboratories and other test facilities; and
(3) may dispose of any interest in property for adequate compensation, and the amount so received shall—
(A) be credited to the appropriation current when the amount is received;
(B) be merged with and available for the purposes of such appropriation; and
(C) remain available until expended.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim), 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
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Federal law — U.S. Code and appendices · legal_authorities
Page 99
TITLE 41—PUBLIC CONTRACTS
§ 3309
cial products or commercial services’’ for ‘‘commercial
items’’ and, in cl. (i), substituted ‘‘commercial prod-
ucts, commercial components, or commercial services’’
for ‘‘commercial items or commercial components’’.
Subsec. (e)(2)(D). Pub. L. 115–232, § 836(b)(10)(A)(v)(IV),
substituted ‘‘commercial products, commercial compo-
nents, or commercial services’’ for ‘‘commercial items
or commercial components’’.
Subsec. (e)(4)(A). Pub. L. 115–232, § 836(b)(10)(A)(v)(VI),
substituted ‘‘commercial products or commercial serv-
ices’’ for ‘‘commercial items’’ in introductory provi-
sions.
Subsec.
(e)(4)(C)(i).
Pub.
L.
115–232,
§ 836(b)(10)(A)(v)(VII), substituted ‘‘commercial product,
as described in section 103a(1)’’ for ‘‘commercial item,
as described in section 103(5)’’.
Subsec. (e)(5). Pub. L. 115–232, § 836(b)(10)(A)(v)(VIII),
substituted ‘‘products’’ for ‘‘items’’ wherever appear-
ing.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Jan. 1, 2020,
subject to a savings provision, see section 836(h) of Pub.
L. 115–232, set out as an Effective Date of 2018 Amend-
ment; Savings Provision note under section 453b of
Title 6, Domestic Security.
§ 3308. Planning for future competition in con-
tracts for major systems
(a) DEVELOPMENT CONTRACT.—
(1) DETERMINING
WHETHER
PROPOSALS
ARE
NECESSARY.—In preparing a solicitation for the
award of a development contract for a major
system, the head of an agency shall consider
requiring in the solicitation that an offeror in-
clude in its offer proposals described in para-
graph (2). In determining whether to require
the proposals, the head of the agency shall
consider the purposes for which the system is
be
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