Title 49TransportationRelease 119-73

§40111 Multiyear procurement contracts for services and related items

Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart i— - general › Chapter CHAPTER 401— - GENERAL PROVISIONS › § 40111

Last updated Apr 6, 2026|Official source

Summary

The FAA Administrator may sign contracts up to 5 years long for certain services and the supplies that go with them, even when the money would normally only be approved for one year. Covered work includes running and fixing facilities, keeping and changing aircraft or other complex equipment, specialized training (like pilots, aircrew, and foreign language), and base services such as ground maintenance, refueling, buses, and trash removal. The Administrator can only do this if the work will be needed throughout the contract, requires a large up-front investment or a big effort to build a skilled team, and is in the government’s best interest by encouraging competition and saving money. When setting costs, the government may only charge for the share of plant or equipment cost that matches the contract length compared to the item’s expected commercial life. The contract can include an option to renew for up to 3 years at a price that does not re-charge costs already written off. The FAA can also reserve the right to buy the equipment by paying any remaining unamortized cost. If no funds are provided for a later fiscal year, the contract must end. Costs to end it can come from the original contract funds, other available funds for that type of service, or money set aside to terminate contracts.

Full Legal Text

Title 49, §40111

Transportation — Source: USLM XML via OLRC

(a)Notwithstanding section 1341(a)(1)(B) of title 31, the Administrator of the Federal Aviation Administration may make a contract of not more than 5 years for the following types of services and items of supply related to those services for which amounts otherwise would be available for obligation only in the fiscal year for which appropriated:
(1)operation, maintenance, and support of facilities and installations.
(2)operation, maintenance, and modification of aircraft, vehicles, and other highly complex equipment.
(3)specialized training requiring high quality instructor skills, including training of pilots and aircrew members and foreign language training.
(4)base services, including ground maintenance, aircraft refueling, bus transportation, and refuse collection and disposal.
(b)The Administrator may make a contract under this section only if the Administrator finds that—
(1)there will be a continuing requirement for the service consistent with current plans for the proposed contract period;
(2)providing the service will require a substantial initial investment in plant or equipment, or will incur a substantial contingent liability for assembling, training, or transporting a specialized workforce; and
(3)the contract will promote the best interests of the United States by encouraging effective competition and promoting economies in operation.
(c)When making a contract under this section, the Administrator shall be guided by the following:
(1)The part of the cost of a plant or equipment amortized as a cost of contract performance may not be more than the ratio between the period of contract performance and the anticipated useful commercial life (instead of physical life) of the plant or equipment, considering the location and specialized nature of the plant or equipment, obsolescence, and other similar factors.
(2)The Administrator shall consider the desirability of—
(A)obtaining an option to renew the contract for a reasonable period of not more than 3 years, at a price that does not include charges for nonrecurring costs already amortized; and
(B)reserving in the Administrator the right, on payment of the unamortized part of the cost of the plant or equipment, to take title to the plant or equipment under appropriate circumstances.
(d)A contract made under this section shall be ended if amounts are not made available to continue the contract into a subsequent fiscal year. The cost of ending the contract may be paid from—
(1)an appropriation originally available for carrying out the contract;
(2)an appropriation currently available for procuring the type of service concerned and not otherwise obligated; or
(3)amounts appropriated for payments to end the contract.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 40111(a)49 App.:1344(e)(1).Aug. 23, 1958, Pub. L. 85–726, § 303(e), 72 Stat. 747; May 21, 1970, Pub. L. 91–258, § 51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, § 16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, § 112(e), 94 Stat. 2240; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L. 101–508, § 9118(a), 104 Stat. 1388–366. 40111(b)49 App.:1344(e)(2). 40111(c)49 App.:1344(e)(3). 40111(d)49 App.:1344(e)(4). In this section, the word “Administrator” in section 303(e) 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 “periods of” are omitted as surplus. In clause (3), the words “training of” are added for clarity. In clause (4), the word “aircraft” is substituted for “in-plane” for clarity. In subsection (c)(2)(A), the words “plant, equipment, and other” are omitted as surplus. In subsection (d), the words “canceled or” and “cancellation or” are omitted as being included in “ended” and “ending”, respectively.

Reference

Citations & Metadata

Citation

49 U.S.C. § 40111

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73